Shelia Hallman-Warner v. Bluefield State University, Umina Legal, and Bailey & Wyant, PLLC

Summary

The Intermediate Court of Appeals of West Virginia affirmed the Mercer County Circuit Court’s dismissal with prejudice of Shelia Hallman-Warner’s claims against Bluefield State University, Umina Legal, and Bailey & Wyant, PLLC. The court held that the appellate arguments concerning hearing notice, continuances, timing of the dismissal orders, statute of limitations, and delay pending related litigation failed to establish reversible error.

Holdings

1. The circuit court did not err in proceeding with the hearing because the respondents provided adequate notice under Rule 6(d), and Hallman-Warner did not demonstrate good cause for a continuance.
2. Hallman-Warner failed to demonstrate error or prejudice from the timing of the circuit court's separate orders, and the timing did not warrant reversal.
3. The court declined to reach the merits of Hallman-Warner's statute-of-limitations challenge because she failed to adequately brief the issue and therefore failed to demonstrate error.
4. The court declined to find error because Hallman-Warner failed to adequately brief the issue and did not demonstrate reversible error.

Questions Presented

1. Whether the circuit court erred by allowing the respondents to notice the hearing on their motions to dismiss and by denying or failing to grant Hallman-Warner a continuance.
2. Whether the circuit court erred by entering one dismissal order shortly after the hearing and delaying entry of the other dismissal orders.
3. Whether the circuit court incorrectly calculated the applicable statute of limitations.
4. Whether the circuit court erred by failing to delay proceedings pending a decision by the Supreme Court of Appeals of West Virginia.

Disposition

affirmed