WVC 51 - 2 A- 13
§51-2A-13. Motion to dismiss appeal.
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.