WV Supreme Court Affirms Dismissal of Collateral Attack on Foreign Judgment
Spilman recently had a victory in the Supreme Court of Appeals for West Virginia, affirming summary judgment and dismissal of a matter against a financial institution. An individual sued a client in West Virginia to invalidate a judgment obtained outside of West Virginia that was in the recovery stage. The circuit court granted summary judgment and held that the case was an impermissible collateral attack. The individual appealed. The Supreme Court affirmed and held that the case was properly dismissed as the individual could not use the West Virginia courts to attack the foreign judgment.