Committee Substitute
House Bill 2639 History
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COMMITTEE SUBSTITUTE
FOR
H. B. 2639
(By Delegate Kiss)
(Originating in the House Committee on the Judiciary)
[April 1, 1993]
A BILL to amend and reenact section one, article three, chapter
fifty-eight of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; and to further amend said
article three by adding thereto a new section, designated
section one-a, all relating to de novo appeals to the
circuit court in cases involving elective share of a
surviving spouse; and establishing procedures for such
appeals.
Be it enacted by the Legislature of West Virginia:
That section one, article three, chapter fifty-eight of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; and that said article three be
further amended by adding thereto a new section, designated
section one-a, all to read as follows:
ARTICLE 3. APPEALS FROM COUNTY COMMISSIONS.
§58-3-1. When appeal lies to circuit court.
An appeal shall lie to the circuit court of the county from
the final order of the county commission in the following cases:(a) In cases of contested elections tried and determined by such
court; (b) in cases of contempt; (c) the establishment and
regulation of a road, way, bridge, public landing, ferry or mill;
(d) the probate of a will; (e) the appointment and qualification
of a personal representative, guardian, including, but not
limited to, all fiduciaries made pursuant to article ten-a,
chapter forty-four of this code, or committee, and the settlement
of their accounts; (f) the disposition of disputes arising from
the provisions of article three, chapter forty-two of code, which
appeal shall be de novo; (f) (g) in any other case by law
specially provided.
§58-3-1a. Procedures for appeals.
Any interested person may appeal the final order of the
county commission described by the provisions of subdivision (f),
section one of this article to the circuit court as a matter of
right by requesting the appeal within four months after the final
order of the county commission is rendered. The appeal shall be
determined by trial de novo. Upon receipt of the request for
appeal, the clerk of the county commission shall collect the
circuit court filing fee therefor and forward the same, together
with the final order and the request to the clerk of the circuit
court. The court may require the clerk of the county commission
to file with the circuit clerk the all or any portion of the
record of the proceedings which resulted in the final order. No
bond may be required from any party to the appeal. The final
order of the county commission shall be stayed pending the appeal
proceedings. If, after the appeal is filed in the circuit court,
the matter is not brought on for hearing before the end of thesecond term thereafter, the appeal shall be considered abandoned
and shall be dismissed at the cost of the appellant unless
sufficient cause is shown for a further continuance. Upon such
dismissal, the final order of the county commission is affirmed.
No appeal which has been so dismissed by the circuit court may be
reinstated after the expiration of the next regular term
following such dismissal.