(a)By party. – At any time following the filing of a petition for appeal, either party to an appeal may move the circuit court to dismiss an appeal on any of the following grounds:
(1) a joint agreement of the parties to the dismissal; (2) failure to properly perfect the appeal; (3) failure to obey an order of the family court or circuit court; (4) lack of an appealable order; or (5) lack of jurisdiction. Such motion shall be filed with the circuit clerk and served in accordance with Rule 5 of the Rules of Civil Procedure. (b)Hearing. – No oral argument shall be held on a motion to dismiss unless requested by the circuit court.
W. Va. R. Prac. & P. Fam. Ct. 30
Added by order adopted November 27, 2001, effective January 1, 2002 and amended by order entered and effective December 1, 2005.
