Downing v. Ashley

Arden Dana Ashley, the appellant and defendant below, appeals from a portion of an order of the Circuit Court of Kanawha County entered May 25, 1993, which denied his motion for an award of costs and attorney’s fees pursuant to Rule 11 of the West Virginia Rules of Civil Procedure.1 Claudette Downing, the appellee and plaintiff below, cross-appeals the portion of the order which granted the defendant’s motion to dismiss the complaint. We agree with the defendant that this case was properly dismissed. Furthermore, we reverse that portion of the order which denied his motion for sanctions, and…