State ex rel. Richmond American Homes of West Virginia, Inc. v. Sanders

The majority opinion has remanded this ease to give the trial judge an opportunity to reconsider its sanction ruling under the factors outlined in the opinion. The test adopted by the majority opinion sets out an appropriate standard for trial judges to use when considering the imposition of sanctions on a party under the trial court’s inherent authority. Therefore, I concur in the judgment of the majority opinion. I write separately, however, to underscore that the egregious conduct in this ease warranted the sanction imposed by the trial judge and thus, no remand is necessitated.

I. A…