752 S.E.2d 330
W. Va.2013Background
- Doonan, a Wood County resident, was DUI-arrested in Parkersburg on Jan 1, 2010.
- The WV Division of Motor Vehicles revoked his license for a second DUI offense, effective Dec 19, 2012; notice was received Dec 11, 2012.
- Doonan filed a petition for review in Wood County Circuit Court under WV Code § 29A-5-4 on Jan 10, 2013.
- Doonan moved to Florida; his counsel sought transfer to Kanawha County Circuit Court under § 29A-5-4(b), arguing residency/business criteria were not met in Wood County.
- Wood County Circuit Court transferred the case to Kanawha County Circuit Court on Jan 25, 2013 over the Commissioner’s objection.
- The Kanawha County Circuit Court later denied the Commissioner’s motion to dismiss and granted Doonan a stay; the Commissioner sought a writ of prohibition in this Court, which was granted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Wood County lacked subject matter jurisdiction for the petition. | Commissioner: Wood County had no jurisdiction under § 29A-5-4(b) because Doonan did not reside or do business there. | Doonan: Wood County should hear the petition and transfer to Kanawha if appropriate. | Yes; Wood County lacked subject matter jurisdiction; transfer to Kanawha was improper. |
| Whether the Kanawha County court exceeded powers by accepting the transfer. | Commissioner: Kanawha should not accept transfer from a lack-of-j jurisdiction Wood County proceeding. | Doonan: Transfer was proper under § 29A-5-4(b) and venue rules. | Yes; Kanawha County exceeded its powers by accepting the transfer. |
| Whether the writ of prohibition was proper to prevent further action by Kanawha County. | Commissioner seeks to foreclose transfer to Kanawha. | Doonan argues for proper transfer; Commissioner seeks prohibition. | Writ granted; Kanawha County cannot accept transfer. |
Key Cases Cited
- State ex rel. Peacher v. Sencindiver, 160 W.Va. 314, 233 S.E.2d 425 (1977) (1977) (prohibition standard; five-factor test for discretionary writs; clear legal error weighted)
- State ex rel. Hoover v. Berger, 199 W.Va. 12, 483 S.E.2d 12 (1996) (1996) (five-factor framework for prohibition; substantial weight to clear error)
- State ex rel. Comm’r., W.Va. Div. of Motor Vehicles v. Swope, 230 W.Va. 750, 742 S.E.2d 438 (2013) (2013) (administrative review; subject-matter jurisdiction principles; venue distinctions)
- State ex rel. Smith v. Bosworth, 145 W.Va. 753, 117 S.E.2d 610 (1960) (1960) (two essential jurisdictional elements; subject matter and person)
- Blankenship v. Estep, 201 W.Va. 261, 496 S.E.2d 211 (1997) (1997) (jurisdiction required for court to hear and determine; dual requirements)
- Hink le v. Bauer Lumber & Home Bldg. Ctr., Inc., 158 W.Va. 492, 211 S.E.2d 705 (1975) (1975) (no subject-matter jurisdiction; must dismiss; void orders)
- Hanson v. Bd. of Educ. of the Cnty. of Mineral, 198 W.Va. 6, 479 S.E.2d 305 (1996) (1996) (if court lacks subject-matter jurisdiction, actions are void)
- Wagner v. W.Va. Secondary School Activities Comm’n, 143 W.Va. 508, 102 S.E.2d 901 (1958) (1958) (jurisdiction of subject matter vs. person; waiver/consent note)