Keith William DeBlasio, Patricia A. Dilts, and Alan J. Dilts v. Cold Spring Forest Sec. 1 Homeowners Association, Inc. and Estel Donald Lambert Jr.

Summary

The West Virginia Supreme Court of Appeals affirmed a Morgan County Circuit Court order dismissing Keith William DeBlasio as improperly joined and awarding summary judgment and default judgment against Alan J. Dilts and Patricia A. Dilts in favor of a homeowners association. The court also upheld sanctions against Patricia Dilts, dismissal of third-party claims, and denial of the Diltses’ motions for reconsideration. The decision was issued as a memorandum decision under Rule 21 after the court found no substantial question of law or prejudicial error.

Holdings

1. The objection to respondents' legal representation was without merit because the issue had been previously adjudicated in a related case.
2. The circuit court properly addressed the interpreter issue, and Dilts was not prejudiced by the absence of an interpreter at the November 30, 2011 hearing.
3. The circuit court did not abuse its discretion by awarding $978.70 in attorney fees and court-reporter costs as a sanction for Dilts's failure to attend her noticed deposition.
4. The circuit court properly denied the Diltses' timely Rule 59(e) motions because they repeated claims and factual allegations already addressed by the court.
5. The court found no prejudicial error in the circuit court's summary judgment rulings or its entry of partial default judgment as a sanction against the Diltses, and affirmed the final order.

Questions Presented

1. Whether the circuit court erred in allowing the respondents' counsel to represent the homeowners association and its president.
2. Whether Alan J. Dilts was prejudiced by the lack of an interpreter at a November 30, 2011 hearing or was entitled to appointed counsel in the civil case.
3. Whether the circuit court abused its discretion by imposing a $978.70 attorney-fee and cost sanction on Patricia A. Dilts for failing to attend a deposition.
4. Whether the circuit court properly granted summary judgment on the homeowners association's claim for unpaid assessment fees and on the Diltses' surplus-funds counterclaim.
5. Whether the circuit court properly entered default judgment as a sanction for the Diltses' misconduct.
6. Whether the circuit court properly dismissed DeBlasio for improper joinder and dismissed the third-party complaints for lack of completed or attempted service.
7. Whether the circuit court properly denied Alan and Patricia Dilts's Rule 59(e) motions for reconsideration.

Disposition

affirmed