Thomas F. Basile v. The Calwell Practice, PLLC and William Stuart Calwell, Jr.

Summary

The Supreme Court of Appeals of West Virginia dismissed the appeal as to several circuit court orders because the petitioner failed to timely appeal those orders. The court affirmed the denial of the petitioner’s Rule 60(b) motion, concluding that the motion merely sought to relitigate issues previously decided in an action involving an alleged contractual obligation to pay attorney’s fees.

Holdings

1. The Court lacked jurisdiction to review the June 23, 2015 dismissal order because it was a final appealable order and Basile did not appeal it within four months of entry.
2. The Court lacked jurisdiction to review the November 6, 2013 order denying Rule 11 sanctions and the March 11, 2014 order denying relief from that order because both orders were final and Basile did not timely appeal them.
3. The circuit court did not abuse its discretion by denying Basile's Rule 60(b) motion because the motion merely sought to relitigate issues previously presented and decided in connection with the renewed motion to dismiss.

Questions Presented

1. Whether the Supreme Court of Appeals had jurisdiction to review the November 6, 2013, March 11, 2014, and June 23, 2015, circuit-court orders when Basile did not appeal them within the applicable appeal period.
2. Whether the denial of Basile's Rule 60(b) motion seeking relief from the June 23, 2015, dismissal order was an abuse of discretion.
3. Whether an appeal from the denial of a Rule 60(b) motion permits review of the merits of the underlying judgment.

Disposition

dismissed