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KAPITUS v. TIMBERLINE FOUR SEASONS

No. 23-ICA-22.

894 S.E.2d 547 (2023)

KAPITUS SERVICING, INC., Plaintiff Below, Petitioner, v. TIMBERLINE FOUR SEASONS UTILITIES, INC., and Canaan Valley Public Service District, Defendants Below, Respondents.

West Virginia Intermediate Court of Appeals.

Filed: October 30, 2023.

Attorney(s) appearing for the Case

Ancil G. Ramey, Esq. , Sarah C. Ellis, Esq. , Benjamin McFarland, Esq. , Colton C. Parsons, Esq. , Steptoe & Johnson PLLC, Charleston, West Virginia, Counsel for Petitioner.

Martin P. Sheehan, Esq. , Sheehan & Associates, PLLC, Wheeling, West Virginia, Counsel for Respondent Timberline Four Seasons Utilities, Inc., John W. Cooper, Esq. , Cooper & Preston, PLLC, Davis, West Virginia, Jeffrey S. Zurbuch, Esq. , Busch, Zurbuch & Thompson, PLLC, Elkins, West Virginia, Counsel for Respondent Canaan Valley Public Service District.

Petitioner, Kapitus Servicing Inc. ("Kapitus") appeals the December 20, 2022, order of the Business Court Division of The Circuit Court of Tucker County ("business court") granting Respondents, Timberline Four Seasons Utilities, Inc. ("Timberline") and Canaan Valley Public Service District's ("Canaan PSD") (collectively "respondents...

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