State Ex Rel. Moore v. Canterbury

In this original proceeding before the Court, the petitioner, William Houston Moore, seeks a writ of prohibition directing Thomas B. Canterbury, Judge of the Circuit Court of Raleigh County, to set aside his ruling on a motion pursuant to W.Va. R.Civ.P. 60(b)(4) 1 which reinstated a civil action. Since we find no clear legal error in the trial judge’s discretionary decision to reinstate the case, we deny the writ.

In 1980 attorney Norman Knapp, on behalf of respondent, Daniel Church Hodges, an Illinois resident, sued petitioner Moore for injuries he sustained in an automobile accident that…