H. B. 2639
(By Delegate Kiss)
[Introduced March 19, 1993; referred to the
Committee on the Judiciary.]
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, 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) in matters regarding 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 person may appeal the order of the county commission to
the circuit court under subdivision (f), section one of this
article as a matter of right by requesting such appeal within
four months after the final order of the county commission is
rendered to set aside such final order. The circuit court filing
fee shall be collected by the clerk of the county commission at
the time the appeal is requested, which said fee shall be
forwarded to the clerk of the circuit court together with other
appropriate documents regarding the appeal. No bond may be
required. The filing or granting of an appeal automatically
stays further proceedings to enforce the order of the county
commission. Trial in circuit courts shall be de novo. If, after
the appeal is readily placed upon the docket of the circuit
court, neither party brings the matter on to hearing before the
end of the second term thereafter at which it is called fortrial, unless good cause for continuance is shown, the appeal
shall be considered as abandoned and shall be dismissed at the
cost of the appellant unless sufficient cause is shown for a
further continuance and the final order of the county commission
shall stand. No appeal which has been so dismissed by the
circuit court may be reinstated after the close of the next
regular term after such dismissal.
NOTE: The purpose of this bill is to provide the right to
a de novo appeal to the circuit court of a county from a decision
by a county commission for such county in cases involving the
elective share of a surviving spouse, and to establish procedures
for such appeals.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
Section one-a, article three, chapter fifty-eight is new;
therefore, underscoring and strike-throughs have been omitted.