West Virginia Supreme Court
Michael Weikle and Lester Yerrid v. Honorable John Hey, Judge, Circuit Court of Kanawha County
June 3, 1988179 W. Va. 458
Summary
The court denied a writ of prohibition challenging the trial judge’s refusal to compel extensive discovery concerning prior tree-trimming litigation, APCO’s finances, and its president’s marital status. It held that the discovery ruling was within the trial judge’s discretion and was not a sufficiently flagrant abuse to justify extraordinary relief. Because the discovery ruling was proper, the denial of attorney’s fees for preparing the motion to compel was also proper.
Holding
- Whether prohibition was warranted to challenge the denial of the motion to compel discovery. The trial court’s denial of the motion to compel was within its discretionary authority to control discovery, and the ruling was not so flagrant an abuse of power as to warrant a writ of prohibition.
- Whether the petitioners were entitled to attorney’s fees for preparing the motion to compel. The trial court properly denied attorney’s fees because the motion to compel was properly denied.
Docket No. 17946