KOURT SECURITY PARTNERS, LLC, d/b/a SELECT SECURITY, Petitioner
JUDY'S LOCKSMITHS, INC., and JUDITH J. RANSOM, d/b/a JUDY ALARM MASTERS Respondents
Submitted: September 19, 2017
from the Circuit Court of Kanawha County The Honorable Tod
Kaufman, Judge Civil Action No. 09-C-1619
Charles J. Kaiser, Jr., Esq. Jeffery D. Kaiser, Esq.
Phillips, Gardill, Kaiser & Altmeyer, PLLC Wheeling, West
Virginia Counsel for Petitioner
Charles E. Hurt, Esq. The Law Offices of Charles E. Hurt
Charleston, West Virginia Counsel for Respondents.
BY THE COURT
"A circuit court's entry of summary judgment is
reviewed de novo." Syl. Pt. 1, Painter v.
Peavy, 192 W.Va. 189, 451 S.E.2d 755 (1994).
"A motion for summary judgment should be granted only
when it is clear that there is no genuine issue of fact to be
tried and inquiry concerning the facts is not desirable to
clarify the application of the law." Syl. Pt. 3,
Aetna Cas. & Sur. Co. v. Fed. Ins. Co. of New
York, 148 W.Va. 160, 133 S.E.2d 770 (1963).
"Summary judgment is appropriate if, from the totality
of the evidence presented, the record could not lead a
rational trier of fact to find for the nonmoving party, such
as where the nonmoving party has failed to make a sufficient
showing on an essential element of the case that it has the
burden to prove." Syl. Pt. 2, Williams v. Precision
Coil, Inc., 194 W.Va. 52, 459 S.E.2d 329 (1995).
party who moves for summary judgment has the burden of
showing that there is no genuine issue of fact and any doubt
as to the existence of such issue is resolved against the
movant for such judgment." Syl. Pt. 6, Aetna Cas.
& Sur. Co. v. Fed. Ins. Co., 148 W.Va. 160, 133
S.E.2d 770 (1963).
"A bona fide purchaser is one who actually purchases in
good faith." Syl. Pt. 1, Kyger v. Depue, 6
W.Va. 288 (1873).
"Whatever is sufficient to direct the attention of a
purchaser to prior rights and equities of third parties, so
as to put him on inquiry into ascertaining their nature, will
operate as notice." Syl. Pt. 1, Pocahontas Tanning
Co. v. St. Lawrence Boom & Mfg. Co., 63 W.Va. 685,
60 S.E. 890 (1908).
"That which fairly puts a party on inquiry is regarded
as sufficient notice, if the means of knowledge are at hand;
and a purchaser, having sufficient knowledge to put him on
inquiry, or being informed of circumstances which ought to
lead to such inquiry, is deemed to be sufficiently notified
to deprive him of the character of an innocent
purchaser." Syl. Pt. 3, Pocahontas Tanning Co. v.
St. Lawrence Boom & Mfg. Co., 63 W.Va. 685, 60 S.E.
who claims the protection of a court of equity as a bona fide
purchaser must show that he had acquired the legal title
before notice or knowledge of facts equivalent to
notice." Syl. Pt. 4, Clark v. Lambert, 55 W.Va.
512, 47 S.E. 312 (1904).
an appeal by Kourt Security Partners, LLC, d/b/a Select
Security (hereinafter "the Petitioner") from a
March 13, 2016, order granting summary judgment in favor of
Judy's Locksmiths, Inc., and Judith J. Ransom, d/b/a
Judy's Alarm Masters, (hereinafter "the
Respondents"). The Petitioner contends the circuit court
erred in granting summary judgment where genuine issues of
material fact exist. Based upon this Court's review, we
reverse the circuit ...