Banker v. Banker – Case Brief Summary (West Virginia)

In Banker v. Banker, 196 W.Va. 535, 474 S.E.2d 465 (1996), the Court provided as example of the three principal manners through which such an abuse of discretion might arise:

An abuse of discretion occurs in three principal ways:

(1) when a relevant factor that should have been given significant weight is not considered:

(2) when all proper factors, and no improper ones, are considered, but the family law master in weighing those factors commits a clear error of judgment:

(3) when the family law master fails to exercise any discretion at all in issuing the order. (Id. at 548, 474 S.E.2d at 478.)