Bernard Webb and Judy Webb v. City National Bank of West Virginia, N.A.

Summary

The West Virginia Supreme Court of Appeals affirmed an order enforcing a settlement agreement between Bernard and Judy Webb and City National Bank of West Virginia, N.A. The court held that the circuit court retained jurisdiction to enforce the agreement because the dismissal was without prejudice and the agreement expressly provided for enforcement in that court. The court also rejected the petitioners’ due process and jury-trial arguments.

Holdings

1. The circuit court retained jurisdiction to enforce the settlement agreement because the dismissal was without prejudice, the parties expressly agreed that the settlement was enforceable in that court as if entered as a consent decree, and West Virginia circuit courts are courts of general jurisdiction.
2. The circuit court's enforcement of the settlement agreement did not violate petitioners' due-process or jury-trial rights.

Questions Presented

1. Whether the Circuit Court of Wayne County retained jurisdiction to enforce the parties' settlement agreement after entering an agreed order dismissing the underlying action without prejudice.
2. Whether enforcement of the settlement agreement violated petitioners' rights to due process or trial by jury.

Disposition

affirmed