Avory Williams, Jr. v. Stop Buy Auto, 24-ica-365

Avory Williams, Jr., had his car repaired at Stop Buy Auto and claimed further problems after pickup.
Williams filed suit in Kanawha County Magistrate Court, which ruled in favor of Stop Buy Auto on March 5, 2024.
Williams appealed to the Kanawha County Circuit Court.
The circuit court scheduled hearings on May 23 and July 11, 2024; Williams did not appear at either.
On respondent's motion, the circuit court dismissed the appeal with prejudice due to Williams’ repeated failures to appear and prosecute his appeal.
Williams appealed the dismissal order to the Intermediate Court of Appeals, arguing error by the lower court.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether dismissal for failure to appear was error	Williams forgot court date; honest mistake	Williams failed to prosecute appeal	No error—dismissal affirmed; argument undeveloped
Alleged error in magistrate ruling	Magistrate was not knowledgeable about cars	N/A	Not addressed—issue not before appellate court

State ex rel. McGraw v. Scott Runyan Pontiac-Buick, Inc., 194 W. Va. 770 (W. Va. 1995) (sets de novo standard for review of dismissals)
State v. Lilly, 194 W. Va. 595 (W. Va. 1995) (appellate courts do not consider underdeveloped arguments)
Davis v. Sheppe, 187 W. Va. 194 (W. Va. 1992) (Rule 60(b) motion is proper remedy for dismissals due to failure to appear)