Ally Financial, Inc. v. Catherine A. Smallwood

Summary

The Supreme Court of Appeals of West Virginia dismissed Ally Financial's appeal without prejudice for lack of appellate jurisdiction. The court held that the circuit court's partial summary judgment determining liability under the West Virginia Consumer Credit Protection Act, without determining discretionary damages, was an interlocutory order rather than a final appealable judgment.

Holdings

1. The court lacked appellate jurisdiction because the circuit court's order determined liability but did not determine damages, and the unresolved damages calculation was not ministerial.

Questions Presented

1. Whether the Supreme Court of Appeals had appellate jurisdiction over an order determining liability but leaving damages unresolved.
2. Whether the unresolved damages determination could be characterized as ministerial so that the liability order was immediately appealable.

Disposition

dismissed