Powderidge Unit Owners Ass'n v. Highland Properties, Ltd

In Powderidge Unit Owners Ass'n v. Highland Properties, Ltd., 196 W.Va. 692, 705, 474 S.E.2d 872, 885 (1996), this Court observed that "the weight of authority supports the view that Rule 60(b) motions which seek merely to relitigate legal issues heard at the underlying proceeding are without merit." In other words, "'where the motion is nothing more that a request that the . . . court change its mind . . . it is not authorized by Rule 60(b).'" Id. The Court concluded in Poweridge that "a circuit court is not required to grant a Rule 60(b) motion unless a moving party can satisfy one of the criteria enumerated under it . . . a Rule 60(b) motion to reconsider is simply not an opportunity to reargue facts and theories upon which a court has already ruled." 196 W.Va. at 706, 474 S.E.2d at 886.