Leslie Equipment Co. v. Wood Resources Co.

In this case, the trial court denied the appellants’ motion to set aside a default judgment. The majority opinion concluded that service of process on the appellants under Rule 4(e)(2) of the West Virginia Rules of Civil Procedure was invalid because service of process had to be made pursuant to W.Va. Code § 56-3-33 (2008) (Supp.2009). I concur in this finding. However, for the reasons set out below, I respectfully dissent from the majority opinion’s analysis and ultimate disposition of the case.

DISCUSSION

The basis of my dissent rests on three grounds. First, I disagree with the majority…