§59-2-12. Costs when case dismissed for want of jurisdiction.
In any instance where a case, an appeal, writ of error or supersedeas shall be dismissed for want of jurisdiction, the court shall render judgment against the party who improperly invoked the jurisdiction of the court for all costs, whether accruing in the trial court or in any appellate court, which result from such wrongful invoking of the jurisdiction, provided they be otherwise properly chargeable against him.

Note: WV Code updated with legislation passed through the 2012 1st Special Session