During the summer of 1992, AppellantĬonducted various fundraising events upon his own initiative and at his own expense which ![]() Students in favor of teaching a single student because of the increased time demandsĪssociated with the new coaching position. He resigned his position of teaching a class of handicapped Valley") head basketball coach effective July 1, 1992.See footnote 1 In reliance on this announcement,Īppellant quit his coaching position at Williamson, thereby forfeiting the $2000 annual Informed by Superintendent of Mingo County Schools, Everett Conn, ("SuperintendentĬonn") on May 30, 1992, that he had been hired as the Tug Valley High School ("Tug However, to remand this case to consider the quantum meruit claim.Īppellant, a teacher and assistant football coach at Williamson High School, was Lower court's decision concerning Appellant's contractual claim. After examining the issues raised, we affirm the Kanawha County granting the Appellee Mingo County Board of Education's (the "Board") John Mark Copley appeals from a January 20, 1995, order of the Circuit Court of 1995) that another individual should have been placed in that position. A board of education that in good faith hires an employee is not subject to civilĪction for damages for breach of contract by that employee when it is thereafter determinedĪs a result of the grievance process established by West Virginia Code §§ 18-29-1 to -11 ![]() The nonmoving party can prove no set of facts in support of his or her claim or defense.Ĥ. Party, may grant a motion for judgment on the pleadings only if it appears beyond doubt that A circuit court, viewing all the facts in a light most favorable to the nonmoving Granted except when it is apparent that the deficiency could not be cured by an amendment.ģ. The West Virginia Rules of Civil Procedure approach the motionĮssentially as a motion to dismiss for failure to state a claim in that the motion will not be In this respect it is essentially aĭelayed motion to dismiss. Given facts rather than on proof of the facts themselves. A motion for judgment on the pleadings presents a challenge to the legal effect of Appellate review of a circuit court's order granting a motion for judgment on theĢ. JUSTICE WORKMAN delivered the Opinion of the Court.ġ. ![]() IN THE SUPREME COURT OF APPEALS OF WEST VIRGINIAĪppeal from the Circuit Court of Mingo County
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