West Virginia Supreme Court
Justin Gibson v. Shentel Cable and Robert Herrald
February 11, 2013
Summary
The West Virginia Supreme Court of Appeals affirmed the circuit court’s order granting Shentel Cable’s motion to dismiss Gibson’s complaint and denying his request to file a second amended complaint, finding no error in either decision. The court applied de novo review to the motion‑to‑dismiss and an abuse‑of‑discretion standard to the leave‑to‑amend ruling.
Holding
- Whether the circuit court erred in granting the motion to dismiss the complaint under a de novo standard of review.. The circuit court did not err; the motion to dismiss is affirmed.
- Whether the circuit court abused its discretion in denying the plaintiff’s request for leave to file a second amended complaint.. The circuit court did not abuse its discretion; the denial of leave to amend is affirmed.
Docket 12-0132
Cited authorities
- Rule 8(a) of the West Virginia Rules of Civil Procedure