State Ex Rel. Mitchem v. Kirkpatrick

In this original proceeding for a writ of prohibition/mandamus, we are asked to return the underlying medical malpractice case to the county where the suit was originally filed based on our decision in State ex rel. Riffle v. Ranson, 195 W.Va. 121, 464 S.E.2d 763 (1995). The transfer of the underlying suit occurred before our decision in Riffle, and, unlike Riffle, no appeal of the transfer was sought. Because the original transfer was proper under case law in effect when the transfer was ordered and the parties to the underlying suit did not seek our review of the transfer, we deny the…