Anderson v. Wood

DAVIS, Justice.

This is an appeal by the West Virginia Department of Health and Human Resources (hereinafter referred to as DHHR), appellant/defendant below, from an order of the Circuit Court of Marshall County. The Marshall County order requires DHHR to pay its pro rata share of costs incurred in the underlying civil action of Patricia G. Anderson (hereinafter referred to as Ms. Anderson), appellee/plaintiff below. DHHR contends that W. Va.Code § 9-5-ll(b) (1995) (Repl. Vol.1998) does not compel it to pay costs under the facts of this case. We disagree and as such affirm the circuit court’s…