State ex rel. Galloway Group v. McGraw
711 S.E.2d 257
W. Va.2011Background
- Galloway Group is a West Virginia professional partnership with a Kanawha County address.
- Fredeking & Fredeking Law Offices, LC and R.R. Fredeking, II sued Galloway in Wyoming County Circuit Court for unpaid fees under fee-sharing agreements.
- Galloway moved to dismiss for improper venue and to compel arbitration; the circuit court denied both motions.
- The circuit court found venue proper in Wyoming County based on contracts and on in-personam jurisdiction over nonresident L. Thomas Galloway, which this Court rejects.
- This Court grants the writ of prohibition, concluding venue does not lie in Wyoming County and dismisses the Wyoming County action.
- The decision resolves only improper venue; arbitration enforcement was not addressed on the merits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether venue lies in Wyoming County Circuit Court | Fredeking argues venue exists under contract-based connection to Wyoming County | Galloway contends venue does not lie because no defendant resides there and no contractual nexus in Wyoming County | Venue does not lie; writ granted on improper venue |
| Whether the long-arm statute supports venue in Wyoming County | Fredeking invokes long-arm jurisdiction | Galloway is not a proper target under long-arm; in-personam jurisdiction does not establish venue | Long-arm does not support venue; circuit court erred |
| Whether UMWA litigation involvement establishes venue | Fredeking relies on UMWA-related fees | Galloway not a party to UMWA litigation; cannot establish venue | UMWA-related activity cannot establish venue for this action |
| Burden of proof on venue in Rule 12(b)(3) motion | Fredeking bears burden to show venue exists | Galloway contends venue not proven independently of in personam jurisdiction | Fredeking failed to prove venue under the contract-based theories |
| Whether the arbitration enforcement issue is addressed | Fredeking seeks arbitration enforcement | Galloway seeks only relief on improper venue | Arbitration enforcement not addressed; venue ruling controls |
Key Cases Cited
- State ex rel. Riffle v. Ranson, 195 W. Va. 121, 464 S.E.2d 763 (1995) (prohibition appropriate to resolve venue questions; five-factor test guidance; clear error emphasized)
- State ex rel. Hoover v. Berger, 199 W. Va. 12, 483 S.E.2d 12 (1996) (five-factor test for issuing writs of prohibition; weight on clear legal error)
- Wetzel Co. Sav. & L. Co. v. Stern Bros., 156 W. Va. 693, 195 S.E.2d 732 (1973) (venue for contract-based actions—where contract made, breached, or damages manifest)