W. Va. Code § 51-2A-13
Motion to dismiss appeal
West Virginia · West Virginia Code Chapter 51 — Courts and Their Officers · Status: effective
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- Citation
- W. Va. Code § 51-2A-13, Motion to dismiss appeal, West Virginia, version 1 as recorded 2026-10-03, yourstate.us, https://yourstate.us/provision/2390419
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Full text
At any time following the filing of a petition for appeal of a final order of a family court, either party may move the circuit court to dismiss the appeal on any of the following grounds:
(1) A joint agreement of the parties to the dismissal;
(2) failure to properly perfect the appeal;
(3) failure to obey an order of the family court or circuit court;
(4) lack of an appealable order; or (5) lack of jurisdiction. Such motion shall be filed with the clerk of the circuit court and served on the respondent in accordance with rule 5 of the rules of civil procedure. No oral argument shall be held on such motion unless requested by the court.