Talkington v. Barnhart
In Talkington v. Barnhart, 164 W.Va. 488, 264 S.E.2d 450 (1980), the issue was the plaintiffs' failure to comply with the procedural rule requiring them to notify the defendant that the trial transcript had been filed and made part of the record, and no actual prejudice was found.
In Talkington, the Court explained that "we will not sacrifice an appellant's substantial rights for rules that do not result in prejudice. " Id. at 493, 264 S.E.2d at 453.