West Virginia Supreme Court

William David Lieving

October 22, 1992188 W. Va. 197

Summary

The court held that the Bank's appeal was timely because its motion to reconsider, filed before entry of judgment, was treated as a Rule 59(e) motion that tolled the appeal period. On the merits, the court concluded that unresolved factual questions concerning the parties' intent and the nature of the stock ownership made summary judgment inappropriate, so it reversed and remanded for trial. No separate opinions were filed.