Covington v. Smith

DAVIS, Justice:

The appellants herein and plaintiffs below, James Milton Covington [hereinafter referred to as “Mr. Covington”] and Jeraldine I. Covington [hereinafter referred to as “Mi-s. Covington”],1 appeal from orders entered September 20, 2001, and February 27, 2002, by the Circuit Court of Raleigh County. In its September 20, 2001, order, the circuit court refused the Covingtons’ motion to reinstate their lawsuit that it previously had dismissed due to inactivity pursuant to Rule, 41(b) of the West Virginia Rules of Civil Procedure.2 By subsequent order, entered February 27, 2002, the…