Wolfe v. Welton
In Wolfe v. Welton, 210 W.Va. 563, 558 S.E.2d 363 (2001), the appellee commenced an appeal from magistrate court by filing an appeal on a form prepared by this Court for use in magistrate court appeals. Id., 210 W.Va. at 569, 558 S.E.2d at 369.
The appellee signed the form, which stated that "'the. . . plaintiff below . . . wished to exercise the right to appeal the judgment in this case . . . .'" Id.
The appellee, in Wolfe, posted the required bond and paid the applicable filing fee, but did not file a separate written document "purporting to be a 'notice of appeal' under Rule 18." Id.
The Court determined that the filing of the appeal bond on the form provided by this Court, clearly stating that the party does so 'wishing to exercise the right to appeal the judgment in this case,' substantially fulfills the Rule 18 requirement for the 'notice of appeal.' We conclude that upon the filing of the bond and payment to the magistrate court of the circuit court filing fee, the appeal was properly commenced. Id.