Hopkins v. DC Chapman Ventures, Inc.

Summary

The West Virginia Supreme Court of Appeals affirmed an order requiring the petitioners to obtain a new survey resolving a disputed property boundary. The court held that the circuit court had clarified, rather than modified, its prior final order and that any potential error was invited by the petitioners’ request for greater specificity. The court also rejected the petitioners’ argument that the respondent waived its objection to the later survey.

Holdings

1. The circuit court did not alter its prior findings or conclusions; it permissibly clarified and enforced its earlier orders by rejecting a survey that did not conform to those orders and by providing additional specificity at the petitioners' request. In any event, the petitioners invited any alleged error and waived their right to challenge the court's authority to provide the clarification.
2. The respondent did not waive its right to challenge the survey because the survey was not completed until after the earlier appellate proceedings ended, and the respondent objected promptly when the survey was later presented as inconsistent with the circuit court's prior orders.

Questions Presented

1. Whether the circuit court lacked jurisdiction to enter its July 9, 2010 order clarifying the area previously determined to have been adversely possessed.
2. Whether the respondent waived its right to object to the petitioners' December 2, 2009 survey by failing to challenge the petitioners' interpretation during earlier appellate proceedings.

Disposition

affirmed