Tudor's Biscuit World of America v. Critchley

The petitioner herein and defendant below, Tudor’s Biscuit World of America [hereinafter “Tudor’s”], appeals the circuit court’s March 1, 2011, order denying its motion pursuant to West Virginia Rule of Civil Procedure 59(e). In its W.V.R.C.P. 59(e) motion, Tudor’s moved the circuit court to alter or amend its December 4, 2009, order denying its motion pursuant to West Virginia Rule of Civil Procedure 60(b)(4) to set aside the default judgment rendered against it. Tudor’s asserts that the circuit court erred in its application of the “reasonable time” requirement set forth in W.V.R.C.P. 60(b)…