- 6 - On March 17, 2003, petitioner filed an amended petition which set forth his position as follows: Background Information Try to pay back taxes over a period of ten-year period while in bankrupt court. I could not pay the amount in a five year period because of amount for five-year was too high. I was behind in alimony payment[.] I had a choice to pay it or my taxes. Relief A chance to pay over a long period of time. Both the petition and the amended petition reflected an address for petitioner in Charleston, West Virginia. After the pleadings were closed in this case, respondent filed the subject motion for summary judgment. Petitioner was directed to file any response to respondent’s motion on or before May 28, 2004; no such response was received by this Court. A hearing on respondent’s motion, at which both petitioner and counsel for respondent appeared, was held on June 7, 2004, in Charleston, West Virginia. Discussion Rule 121(a) allows a party to move “for a summary adjudication in the moving party’s favor upon all or any part of the legal issues in controversy.” Rule 121(b) directs that a decision on such a motion shall be rendered “if the pleadings, answers to interrogatories, depositions, admissions, and any other acceptable materials, together with the affidavits, if any,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011