James H. Harrell, Jr. v. Gwendolyn Cain

FILED June 5, 2019 No. 18-0214 – Harrell et al. v Cain et al. released at 3:00 p.m. EDYTHE NASH GAISER, CLERK SUPREME COURT OF APPEALS WORKMAN, J., dissenting: OF WEST VIRGINIA I dissent to the majority’s affirm of the circuit court’s conclusion regarding the parties’ intention because it ignores the actual language of the deed in favor of self- serving, non-dispositive testimony. While I recognize the majority’s deference to the circuit court’s role as factfinder, this Court has made clear that [t]he deference accorded to a circuit court sitting as factfinder may evaporate if upon review of…