Motion to Alter or Amend a Judgment West Virginia
"The standard of review applicable to an appeal from a motion to alter or amend a judgment, made pursuant to W. Va. R. Civ. P. 59(e), is the same standard that would apply to the underlying judgment upon which the motion is based and from which the appeal to this Court is filed." Wickland v. American Travellers Life Ins. Co., 204 W. Va. 430, 513 S.E.2d 657 (1998).
Thompson v. Branches-Domestic Violence Shelter of Huntington, 207 W. Va. 479, 534 S.E.2d 33 (2000). the judgment underlying motion to alter or amend granted summary judgment to West Virginia Fire.
Thus, our appellate review is de novo. "'A circuit court's entry of summary judgment is reviewed de novo.'
Painter v. Peavy, 192 W. Va. 189, 451 S.E.2d 755 (1994)."
Shaffer v. Acme Limestone Co., Inc., 206 W. Va. 333, 524 S.E.2d 688 (1999).
Furthermore, in exercising this plenary review, we must bear in mind that:
"A motion for summary judgment should be granted only when it is clear that there is no genuine issue of fact to be tried and inquiry concerning the facts is not desirable to clarify the application of the law." Aetna Casualty & Surety Co. v. Federal Insurance Co. of New York, 148 W. Va. 160, 133 S.E.2d 770 (1963).