Tribeca Lending Corp. v. James E. McCormick

No. 12-0150 - Tribeca Lending Corporation v. James E. McCormick FILED June 18, 2013 released at 3:00 p.m. RORY L. PERRY II, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA Davis, Justice, concurring, in part, and dissenting, in part: I agree wholeheartedly with the majority’s resolution of the first certified question. The majority is correct in concluding that the statute of limitations provided by

W. Va. Code § 38-1

-4a (2006) (Repl. Vol. 2011) simply does not apply to the facts of this case. However, I part ways with my brethren with respect to the majority’s disposition of the second…