Roberts v. Consolidation Coal Co.

DAVIS, Justice:

The plaintiff below and appellant herein, Steven M. Roberts [hereinafter “Roberts”], appeals the September 16, 1998, judgment order of the Circuit Court of Monongalia County which upheld a jury verdict returned against the defendant below and ap-pellee herein, Consolidation Coal Company [hereinafter “Consol”]. During the appellate proceedings in this Court, Consol moved to dismiss Roberts’ appeal, alleging that his petition for appeal was not timely filed. Having determined that Roberts’ appeal was, in fact, timely filed, as will be explained more fully in Section III.A, infra,…