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.