(b) For purposes of subsection (a) of this section, a dismissal not based upon the merits of the action includes, but is not limited to:
(1) A dismissal for failure to post an appropriate bond;
(2) A dismissal for loss or destruction of records in a former action; or
(3) A dismissal for failure to have process timely served, whether or not the party is notified by the court of the pending dismissal.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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