Czaja v. Czaja
In Czaja v. Czaja, 208 W.Va. 62, 537 S.E.2d 908 (2000), the family law master entered a recommended order on November 23, 1998, concerning the appellee's visitation rights.
The due date for the filing of exceptions to the recommended order was December 7, 1998, at which time the appellant filed notice of her request for a ten-day extension.
The circuit court granted the extension which meant that the appellant now had until December 17, 1998, to file exceptions. However, the appellant did not file her exceptions until December 28, 1998.
She contended that the filing was not untimely because the guardian ad litem initially was not served with the notice and recommended order and, as a result, the parties were re-served along with the guardian ad litem on December 3, 1998, with an indication that December 17, 1998, was the deadline for filing exceptions.
According to the appellant, her extension allowed her ten days from December 17, to file, which made the correct deadline December 27.
In rejecting the appellant's reasoning, we noted that both named parties were served with the notice and the recommended order on November 23, 1998, and that the filing date for exceptions pursuant to the first notice was December 7, 1998.
After reviewing all of the facts of the case, the Court was "left with a palpable sense that Appellant's counsel was trying to 'buy' time in any fashion possible for filing Appellant's exceptions." Czaja, 208 W.Va. at 69, 537 S.E.2d at 915.