West Virginia § 51-2A-13 Motion to dismiss appeal

West Virginia Statutes

§ 51-2A-13 — Motion to dismiss appeal

West Virginia § 51-2A-13

Ch. 51COURTS AND THEIR OFFICERS

Art. 2AFAMILY COURTS

This text of West Virginia § 51-2A-13 (Motion to dismiss appeal) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 51-2A-13 (2026).

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.

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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.