829 S.E.2d 35
W. Va.2019Background
- Vanderra Resources was hired by Chesapeake Appalachia to implement a slope stabilization plan at a Marcellus shale drill pad after landslides; additional slides prompted new consultants and replacement contractors and Vanderra left the project in Dec. 2011.
- Chesapeake sued Vanderra, Kanawha Stone, Kelly Surveying, and others in 2013 to recover remediation costs; extensive discovery followed and competing expert reports were issued.
- Vanderra moved for summary judgment (and others moved); the circuit court denied summary judgment, finding genuine issues of material fact, and rejected proposed findings submitted by the parties.
- Vanderra sought extraordinary relief from the Supreme Court (writs of prohibition or mandamus), arguing the circuit court’s interlocutory denial lacked required factual/evidentiary findings and was clearly erroneous.
- The Supreme Court examined whether trial courts must include detailed findings when denying summary judgment and whether Vanderra followed the procedure (Gaughan) to obtain such findings when intending an extraordinary writ.
- The Supreme Court denied the requested writs, holding the denial was an interlocutory, non-appealable order for which detailed findings were not required absent a prior request notifying the trial court of the intent to seek an extraordinary writ.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a circuit court must include detailed factual/evidentiary findings when denying summary judgment | Vanderra: denial must include factual findings sufficient for appellate review (Lilly/Payne dicta) | Chesapeake: detailed findings not required for interlocutory denials; only required in narrow, appealable contexts | Court: Findings not required for ordinary interlocutory denials absent a pre-suit Gaughan request; denial affirmed |
| Whether denial of summary judgment here was clearly erroneous as a matter of law warranting prohibition | Vanderra: record shows no genuine factual disputes; denial was clear legal error | Chesapeake: genuine issues exist; denial interlocutory and reviewable on appeal | Court: No clear legal error shown; extraordinary relief inappropriate |
| Whether Vanderra timely preserved right to findings by notifying trial court of intent to seek extraordinary writ | Vanderra: sought writ after denial | Chesapeake: Vanderra did not request findings or notify trial court per Gaughan | Court: Vanderra failed to request findings and notify the circuit court as required; procedural prerequisite unmet |
| Whether order was immediately appealable (qualified-immunity or other collateral order) | Vanderra: sought immediate relief | Chesapeake: not a qualified-immunity or collateral-order situation | Court: Not appealable; not within collateral-order exceptions; proceed by ordinary appeal unless Gaughan request had been made |
Key Cases Cited
- State ex rel. Peacher v. Sencindiver, 160 W.Va.314 (1977) (prohibition issues jurisdictional and for excess of power)
- State ex rel. Hoover v. Berger, 199 W.Va.12 (1997) (five-factor test for discretionary writ of prohibition)
- State ex rel. Cooper v. Tennant, 229 W.Va.585 (2012) (mandamus standards requiring clear right, duty, and lack of remedy)
- Fayette Cty. Nat’l Bank v. Lilly, 199 W.Va.349 (1997) (orders granting summary judgment must include findings permitting appellate review)
- W. Va. Dep’t of Health & Human Resources v. Payne, 231 W.Va.563 (2013) (denials of summary judgment on qualified immunity must identify disputed material facts and competing evidence)
- Robinson v. Pack, 223 W.Va.828 (2009) (denial of qualified immunity is immediately appealable under collateral-order doctrine)
- Aetna Cas. & Sur. Co. v. Fed. Ins. Co. of N.Y., 148 W.Va.160 (1963) (order denying summary judgment is interlocutory and generally not appealable)
- State ex rel. Allstate v. Gaughan, 203 W.Va.358 (1998) (procedure requiring parties to request findings from trial court when intending to seek extraordinary writ on non-appealable interlocutory orders)