Burkes v. Fas-Chek Food Mart Inc.

Justice STARCHER delivered the Opinion of the Court.

STARCHER, J.

The appellant appeals from an order by the Circuit Court of Kanawha County dismissing the appellant’s civil complaint because the appellant failed to effect proper service upon the appellee within the 120-day time period provided for in Rule 4(k) of the West Virginia Rules of Civil Procedure [1998],

We find that the circuit court erred in finding that good cause did not exist to extend the 120-day time period, and erred in denying the appellant’s request to reinstate her case to the circuit court’s docket. As set forth below, we…