State ex rel. West Virginia Secondary Schools Activity Commission v. Hrko
State ex rel. West Virginia Secondary Schools Activity Commission v. Hrko
Opinion of the Court
The West Virginia Secondary Schools Activity Commission (hereinafter “the SSAC”) seeks a writ of prohibition against the Honorable John S. Hrko, Judge of the Circuit Court of Wyoming County, based on an injunction he entered on behalf of the respondent, Jeremy Raymond Hedinger (hereinafter “Mr. Hedinger”). Having reviewed the parties’ submissions and heard oral argument, we deny the writ. Further, we remand this case to the circuit court of Wyoming County for additional proceedings regarding the permanency of the injunction should either party seek to establish a meaningful record with respect thereto.
I.
FACTUAL AND PROCEDURAL HISTORY
We take our facts from the sparse record submitted to us by the parties.
II.
DISCUSSION
“[T]he right to prohibition must be clearly shown before a petitioner is entitled to this extraordinary remedy.” Norfolk S. Ry. Co. v. Maynard, 190 W.Va. 113, 120, 437 S.E.2d 277, 284 (1993). In the context of appeals we have said that “[w]hen an appeal has been granted and it appears from the face of the record that it was improvidently awarded, the case will be dismissed.” Syl., Angelo v. Rodman Trust, Inc., 161 W.Va. 408, 244 S.E.2d 321 (1978) (per curiam). We think this reasoning applies to the instant case. Thus, we find that the rule to show cause in this matter was improvidently granted.
III.
CONCLUSION
The petition for a writ of prohibition is denied. This case is remanded for additional proceedings regarding the permanency of the injunction should either party seek to establish a meaningful record with respect thereto.
Writ Denied.
. The only exhibits before us were submitted by the SSAC and consist of a "SPECIAL REPORT to the School Principal and the WVSSAC” and the injunction order from which this proceeding arises.
. Mr. Hedinger says that while his ejection was factually erroneous, this dispute was "not the emphasis of [his] claim in the Circuit Court of Wyoming County[.]”
Reference
- Full Case Name
- STATE of West Virginia ex rel. The WEST VIRGINIA SECONDARY SCHOOLS ACTIVITY COMMISSION v. The Honorable John S. HRKO, Judge of the Circuit Court of Wyoming County, and Jeremy Raymond Hedinger
- Cited By
- 3 cases
- Status
- Published