Wolford v. Landmark American Ins. Co
In Wolford v. Landmark American Ins. Co., 196 W. Va. 528, 474 S.E.2d 458 (1996), the Court encountered a situation in which a Rule 60(b) motion for relief from a summary judgment determination had been denied.
Based upon this Court's determination that a genuine issue of material fact existed, the Court concluded that "the denial of the appellant's Rule 60(b) motion concerning Landmark constituted an abuse of discretion. " Id. at 529, 474 S.E.2d at 459.
The Court consequently remanded for further proceedings. Id.