Legal Opinion · Dissent
Walker v. Option One Mortgage Corp.
West Virginia Supreme Court
Decided June 18, 2007No. 33225Published
1DissentDavis, C.J.
The majority has remanded the case to permit the defendants to amend their answer to the complaint, to add a counterclaim, and to implead a third party. I dissent from this disposition of the case for the following reasons: (1) the order appealed was a nonap-pealable interlocutory order, (2) judgment *667has been rendered and satisfied in favor of the plaintiff, (3) the counterclaim issue was reviewed under an incorrect legal standard, and (4) the impleader issue was incorrectly analyzed by the lower court.
A. The Order Appealed Was a Nonappealable Interlocutory Order
The initial problem I have…
2Cases cited38 opinions
- Hinkle v. BlackWest Virginia Supreme Court · 1979
- Federal Deposit Insurance Corporation, as Receiver for the First National Bank of Toms River, New Jersey v. Lawrence E. Bathgate, II Novasau Associates, a New Jersey Limited Partnership New Nas, Inc. T. Pamela Bathgate 54 Buena Vista Associates, a New Jersey Limited Partnership Tuscol Development, Inc., a New Jersey Corporation Old Monmouth Associates, a New Jersey Partnership Airport Associates, a New Jersey Partnership Gerald A. Gura the Club at West Deptford, a Limited Partnership, a New Jersey Limited Partnership State of New Jersey Columbia Savings and Loan Association Asset Recovery Management, Inc. William Bowman Associates, Inc. National Westminster Bank Nj, Successor to First Jersey National Bank/south. Lawrence E. Bathgate, II Novasau Associates New Nas, Inc. 54 Buena Vista Associates, a New Jersey Limited Partnership Tuscol Development, Inc., a New Jersey Corporation Old Monmouth Associates, a New Jersey Partnership, Third-Party v. William Barlow John C. Fellows, Jr. Ebert L. Hall Joseph P. Iaria David E. Johnson, Jr. Irene F. Kramer Jacqueline F. Pappas John F. Russo Leonard G. Lomell Office of the Comptroller of the Currency John McDougal Third-Party Federal Deposit Insurance Corporation, as Receiver for the First National Bank of Toms River v. Nla Associates Limited Partnership, a New Jersey Limited Partnership Lgp-I Limited Partnership, a New Jersey Limited Partnership Lgp-I Capital Corp., a New Jersey Corporation New Nas, Inc. Lawrence E. Bathgate, II Alan B. Landis Novasau Associates, a Limited Partnership, a New Jersey Limited Partnership. Lawrence Bathgate, II Novasau Associates, Limited Partnership New Nas, Inc. 54 Buena Vista Associates Tuscol Development, Inc. And Old Monmouth Associates (The Bathgate Defendants)Court of Appeals for the First Circuit · 1994
- James M.B. v. Carolyn M.West Virginia Supreme Court · 1995
- JOHN W. WALKER, — v. CITY OF PINE BLUFF, —Court of Appeals for the Eighth Circuit · 2005
- Durm v. Heck's, Inc.West Virginia Supreme Court · 1991
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