Legal Opinion

Rocco S. Fucillo v. Cynthia Kerner

West Virginia Supreme Court

Decided June 5, 2013No. 11-1783PublishedCited by 3 opinions

1Opinion of the Court

WORKMAN, J.:

This is an appeal from an order entered on November 28, 2011, by the Circuit Court of Kanawha County, denying the petitioners’ Rule 12(b)(6) motions to dismiss. The underlying suit was brought by the respondents, plaintiffs below, six child support obligees 1 suing on behalf of their respective children, 2 who allege that the petitioners failed to reduce their respective support arrearages to judgment and/or to renew such judgments, thus causing the obligees’ claims to become time-barred. The respondents’ complaint sets forth five causes of action, all sounding in tort: breach of…

2Cases cited39 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Eastport Steamship Corporation v. The United StatesUnited States Court of Claims · 1967
  3. Smith v. State Workmen's Compensation CommissionerWest Virginia Supreme Court · 1975
  4. State v. General Daniel Morgan Post No. 548West Virginia Supreme Court · 1959
  5. Loveladies Harbor, Inc. And Loveladies Harbor, Unit D, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 1994

34 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. West Virginia Department of Health & Human Resources v. PayneWest Virginia Supreme Court · 2013
  2. Douglas Brown v. Robert D. FluhartyWest Virginia Supreme Court · 2013
  3. K. Subramani v. W. Va. Board of GovernorsWest Virginia Supreme Court · 2015

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