Alan Reed Talbott v. John David Talbott

Summary

The West Virginia Supreme Court of Appeals affirmed an order denying Alan Reed Talbott’s Rule 59(e) motion to alter or amend an $85,000 judgment and an award of attorney’s fees and costs. The court held that Talbott waived his statute-of-limitations argument by failing to renew it after the amended complaint or request a related jury instruction, and it declined to consider inadequately supported arguments concerning the setting aside of deeds and successor-in-interest liability. The underlying jury verdict found tortious interference with an expected inheritance and breach of fiduciary duties involving the parties’ mother’s deeds, will, and power of attorney.

Holdings

1. Petitioner waived the statute-of-limitations issue by failing, after the amended complaint was filed, to move to dismiss the amended complaint or request a jury instruction concerning the statute of limitations.
2. The court declined to consider petitioner's challenge because he failed to support it with specific citations to the record and failed to request a statute-of-limitations jury instruction.
3. The court declined to address the merits because petitioner failed to comply with Rule 10(c)(7) and failed to cite legal authority supporting his successor-in-interest argument.
4. An appeal from denial of a Rule 59(e) motion is reviewed under the same standard applicable to the underlying judgment.

Questions Presented

1. Whether petitioner preserved a statute-of-limitations challenge after respondent filed an amended complaint alleging concealment and delayed discovery.
2. Whether petitioner adequately supported his challenge to setting aside the deeds under West Virginia Rule of Appellate Procedure 10(c)(7).
3. Whether petitioner adequately supported his argument that liability concerning the power of attorney and misuse of funds could be asserted only by Santee's successor in interest.
4. What standard of review applies to an appeal from denial of a Rule 59(e) motion to alter or amend a judgment.

Disposition

affirmed