CCC, Inc. v. J Class Collision, LLC

Summary

The West Virginia Supreme Court of Appeals affirmed a circuit court order concerning the distribution of escrowed funds after enforcement of a lease-based option to purchase commercial real estate. The court declined to consider several assignments of error as untimely and also declined to address the remaining rent-related assignment because the petitioner’s brief failed to comply with appellate briefing requirements. The decision was issued as a memorandum decision under Rule 21 of the West Virginia Rules of Appellate Procedure.

Holdings

1. Assignments of error directed at circuit court orders entered more than four months before the appeal were untimely and would not be considered.
2. The Court would not address CCC's assignment of error because the brief did not comply with Rule 10(c)(7)'s requirements for legal authority and specific record citations.

Questions Presented

1. Whether CCC's assignments of error concerning orders entered before the June 26, 2017, interpleader order were timely appealed.
2. Whether the circuit court erred by denying CCC's claim to rent for January through April 2017 on the ground that the denial constituted additional sanctions.
3. Whether the Court should consider an assignment of error that was inadequately supported by legal authority and specific citations to the appellate record.

Disposition

affirmed