[DOWNLOAD] "State Ex Rel Termnet Merchant Services, Inc. v. Jordan" by In the Supreme Court of Appeals of West Virginia January 2005 Term # Book PDF Kindle ePub Free

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eBook details

• Title: State Ex Rel Termnet Merchant Services, Inc. v. Jordan
• Author : In the Supreme Court of Appeals of West Virginia January 2005 Term
• Release Date : January 30, 2005
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 83 KB

Description

PETITION FOR WRIT OF PROHIBITION OR MANDAMUS AND FOR STAY OF PROCEEDINGS WRIT OF PROHIBITION GRANTED, AS MOULDED Submitted: June 8, 2005 By way of this petition, TermNet Merchant Services, Inc. (hereinafter referred to as ""Petitioner"") seeks a writ of prohibition and mandamus directed against the judge of the Circuit Court of Tucker County and Yvonne Marson (hereinafter referred to collectively as ""Respondents"").1 The purposes for obtaining the writs is to secure relief from existing judgments for contempt sanctions against Petitioner for failing to respond to interrogatories in aid of execution and to prevent issuance of further judgments or imposition of additional sanctions unless Petitioner is afforded criminal procedural protections. After review of the record2 and briefs of the parties, contemplation of the matters raised during oral presentations and full consideration of the applicable law, we find that the lower court lacked jurisdiction to rule on the motion to compel compliance with the discovery request, which regrettably but necessarily leads to the conclusion that the contempt orders and judgments at issue are void. Accordingly, a writ of prohibition, as moulded, is granted.

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