Blackrock Capital Investment Corp. v. Jerry Fish

FILED No. 15-1122 - Blackrock Capital Investment Corp. et al. v. Fish April 24, 2017 released at 3:00 p.m. LOUGHRY, C. J., dissenting, joined by WALKER, J.: RORY L. PERRY, II CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA In the majority’s apparent eagerness to nullify the substantive agreements at issue, it completely fails to appreciate the constitutionally significant procedural infirmity in the circuit court’s grant of summary judgment. Without any justification, the circuit court sua sponte constricted a briefing deadline–a deadline the parties had been operating under for nearly five…