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STATE EX REL. GOLDEN v. KAUFMAN

No. 14-0280.

760 S.E.2d 883 (2014)

STATE of West Virginia ex rel., Justin S. GOLDEN, Sr., & New York Life Insurance and Annuity Corporation, and Nylife Securities, LLC, Petitioners v. The Honorable Tod J. KAUFMAN, Judge of the Circuit Court of Kanawha County, West Virginia; & Mark A. Miller, Respondents.

Supreme Court of Appeals of West Virginia.

Decided June 16, 2014.

Attorney(s) appearing for the Case

Mychal S. Schulz, Esq. , Arie M. Spitz, Esq , Dinsmore & Shohl LLP, Charleston, WV, for Petitioner, Justin S. Golden, Sr.

John C. Palmer IV, Esq. , Keith J. George, Esq. , Robinson & McElwee PLLC, P. Rodney Jackson, Esq. , Law Office of P. Rodney Jackson, Charleston, WV, for Respondent, Mark A. Miller.

Stuart A. McMillan, Esq. , Christopher L. Edwards, Esq. , Bowles Rice, LLP, Charleston, WV, for Petitioner, New York Life.

Justice KETCHUM:

Petitioner Justin S. Golden, Sr. ("Defendant Golden") invokes this Court's original jurisdiction in prohibition to challenge the March 18, 2014, oral order issued by the Circuit Court of Kanawha County denying his motion for summary judgment. Respondent/plaintiff Mark A. Miller ("Mr. Miller") sued Defendant Golden for criminal conversation, adultery, and breach of fiduciary duty to a beneficiary. Mr. Miller also sued Defendant Golden's employer, New...

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