CHARLESTON – The West Virginia Supreme Court ruled against a man in his claim against Wells Fargo involving a real estate transaction.
James E. Jones had appealed a 2018 order that denied his motion for reconsideration of the circuit court's dismissal of his claims against Marc Slotnick and Wells Fargo Bank. The order granted First American Title Insurance Co.'s motion for summary judgment.
"Upon consideration of the standard of review, the briefs, and the record presented, the Court finds no substantial question of law and no prejudicial error," the Sept. 9 decision said. "For these reasons, a memorandum decision affirming the order of the circuit court is appropriate under Rule 21 of the Rules of Appellate Procedure."
Jones was involved in a real estate transaction in 2003 with the defendants and said there were title deficiencies he discovered years later.
The case was dismissed, and Jones filed a motion for reconsideration, saying he sought clarification about the effect of the circuit court’s dismissal order.
The circuit court denied the motion for reconsideration by order on Feb. 12, 2018.
The Supreme Court said that of the five assignments of errors that Jones raised, only one addressed the circuit court's denial of the motion for reconsideration.
"In light of the thoroughness with which the circuit court addressed the claims and the clarity with which it rendered its judgment, Mr. Jones’s motion appears to be little 'more than a request that the...court change its mind...' and thus insufficient to merit Rule 60(b) relief," the Supreme Court ruled.
The court found no argument supporting the assertion of legal mistakes and no error on the part of the circuit court.
Jones was represented by Raymond A. Hinerman.
The respondents were represented by Kevin A. Nelson, Arie M. Spitz, Adam S. Ennis, Benjamin M. McFarland and Meredith J. Risati.
West Virginia Supreme Court of Appeals case No. 18-0212