State Ex Rel . Lemley v. Roberts

This appeal was docketed on October 2, 1978 and came on for final argument on November 20, 1979. It is an appeal from a final judgment of the Circuit Court of Kanawha County which dismissed appellant’s petition for a writ of mandamus. The petition sought a rule compelling the Commissioner of Motor Vehicles to show cause why appellant’s operator’s license, which had been revoked under the provisions of W.Va. Code, 17C-5-2(c), should not be reinstated. Without taking evidence the circuit court dismissed the petition with prejudice. We conclude the circuit court acted incorrectly.

On December 8,…