Foster v. Good Shepherd Interfaith Volunteer Caregivers, Inc
In Foster v. Good Shepherd Interfaith Volunteer Caregivers, Inc., 202 W. Va. 81, 502 S.E.2d 178 (1998), this Court held, based upon the existence of genuine issues of material fact, that the lower court erred in granting summary judgment and abused its discretion in denying the appellant's Rule 60(b), W. Va.R.C.P motion to vacate its order of dismissal. Id. at 85, 502 S.E.2d at 182.
The lower court had "converted Good Shepherd's supplemental motion to dismiss into a motion for summary judgment pursuant to West Virginia Rule of Civil Procedure, Rule 56." 202 W. Va. at 84, 502 S.E.2d at 181.
Thus, the Court has repeatedly employed a Rule 60(b)(6) analysis to explore elements of the underlying judgment in the legitimate effort to determine whether a trial court abused its discretion in denying relief.