Rollyson v. Rader

This matter is before this Court on certified questions from the Circuit Court of Braxton County. The lower court submits the following questions:

1. Does this Court have jurisdiction to reinstate on the trial docket a civil action dismissed without prejudice for failure to prosecute on February 28, 1991, pursuant to a Motion filed June 10, 1993?

2. Did this Court properly exercise its discretion by reinstating this matter to the trial docket based upon the Appellees’ [Plaintiffs’] Motion in light of the presentation and arguments of counsel as reflected in the record of the hearing held on the…