Savas v. Savas
In Savas v. Savas, 181 W.Va. 316, 382 S.E.2d 510 (1989), Ms. Savas filed a Rule 60(b) motion to set aside a divorce decree. The decree had been entered by the Circuit Court of Logan County approximately 13 months earlier.
Ms. Savas alleged that, inasmuch as she had received and relied upon advice from her husband's attorney concerning the divorce, a fraud had been committed upon the Circuit Court.
The Circuit Court, however, refused to set aside the decree.
In Savas, this Court affirmed the Circuit Court's denial of Rule 60(b) relief. Rejecting Ms. Savas' allegation of fraud upon the court, this Court held in syllabus point 5 as follows:
"A claim of fraud upon the court is reserved for only the most egregious conduct on the part of attorneys, court officials, or judges which causes the judicial process to be subverted. It ordinarily does not relate to misrepresentation or fraudulent conduct between the parties themselves."
The opinion concludes with the observation that Ms. Savas "could offer no viable reason as to why she delayed filing the motion until approximately thirteen months after the final decree." 181 W.Va. at 320, 382 S.E.2d at 514.