IN THE CIRCUIT COURT OF KANA…

IN THE CIRCUIT COURT OF KANAWHA COUNTY, WEST VIRGINIA CITY OF ST. ALBANS, Plaintiff, v. T&C CONSTRUCTION SERVICES, LLC, A WV CORPORATION, THEODORE MILLER, Defendants, Case No. CC-20-2022-C-189 JUDGE AKERS FINAL ORDER ON MOTION TO PROCEED WITH SALE OF PROPERTY On the May 7, 2025, the Plaintiff City of St. Albans by its attorney, Timothy J. LaFon of Ciccarello, Del Giudice, & LaFon filed with this Court a Motion to Proceed With Sale of Property. This sale of certain property located at 2843 MacCorkle Avenue, St. Albans, West Virginia 25177 had been previously Ordered by this Court on May 16, 2022. In said Order, the Court awarded Judgement in the amount of $198,150.00 against the Defendants and in addition appointed Timothy J. LaFon as Special Commissioner to liquidate the property and report back to the Court for further guidance applicable to distribution of the funds from said sale. This matter was appealed to the West Virginia Supreme Court of Appeals who concluded that the Order of this Court as to the sale of property was not enforceable because of no Writ of Fieri Facias had ever been obtained by the Plaintiff prior to seeking and Order of the Court pursuant to West Virginia Code 38-4-8. It is now noted the West Virginia Code 38-4-8 only requires a Writ of Fieri Facias if the Judgement Order has been in existence for less than two (2) years. The Judgement Order now has been in existence for longer than two (2) years. Therefore, this Court REINSTATES the terms of the May 16, 2022, Order and provides Timothy J. LaFon as Special Commissioner the authority to sell the above-described property and execute any and all documents, including Deeds, necessary to accomplish the same. This sale shall be for the purpose of satisfying the outstanding Judgement, including post-judgement interest. The Plaintiff is ORDERED once the sale is accomplished to seek the Court's Order finalizing the same and an Order as to the proper distribution of any and all funds. The Special Commissioner is ORDERED to advertise in Class II Legal Publication the sale of said property to provide proper notice. The Court noted that service in this matter had been provided to all the last known addresses for both named Defendants. /s/ MaryClaire Akers Circuit Court Judge 8th Judicial Circuit Prepared by /s/ Timothy J. LaFon Timothy J. LaFon, Esquire (WV Bar #2123) Ciccarello Del Giudice & LaFon 1219 Virginia Street, East, Suite 100 Charleston, WV 25301 Phone: (304)343-4440 LC-350380 09-23,30;2025
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