State ex rel. Bess v. Berger

PER CURIAM:1

Petitioner Mary Elizabeth Bess seeks a writ of mandamus2 directing the Honorable Irene Berger to hear and consider her exceptions to Family Law Master Page Hamrick’s recommended order. Since Petitioner had failed to file her exceptions to the recommended order within the ten-day period provided by West Virginia Code § 48A-4-17(a) (1998), the circuit court took the position that it was without authority to consider Petitioner’s exceptions. After fully considering this issue, we grant a moulded writ of mandamus solely to require Judge Berger to hold a hearing on Petitioner’s motion…