IN THE SUPREME COURT OF APPEALS OF WEST VIRGINIA
January 2003 Term
STATE OF WEST VIRGINIA EX REL.
THE WEST VIRGINIA SECONDARY
SCHOOLS ACTIVITY COMMISSION,
THE HONORABLE JOHN S. HRKO, JUDGE OF THE
CIRCUIT COURT OF WYOMING COUNTY,
AND JEREMY RAYMOND HEDINGER,
PETITION FOR WRIT OF PROHIBITION
Submitted: February 26, 2003
Filed: March 14, 2003
William R. Wooton
Warren R. McGraw, II
The Wooten Law Firm McGraw Law Offices
Beckley, West Virginia Prosperity, West Virginia
Attorney for the Petitioner Attorney for the Respondents
The opinion of the Court was delivered Per Curiam.
JUSTICE MCGRAW, deeming himself disqualified, did not participate in the decision
of this case.
JUDGE MURENSKY, sitting by temporary assignment.
CHIEF JUSTICE STARCHER
concurs and reserves the right to file a concurring
SYLLABUS BY THE COURT
When an appeal has been granted and it appears from the face of the record
that it was improvidently awarded, the case will be dismissed. Syllabus, Angelo v. Rodman
Trust, Inc., 161 W. Va. 408, 244 S.E.2d 321 (1978) (per curiam).
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
FACTUAL AND PROCEDURAL HISTORY
We take our facts from the sparse record submitted to
us by the parties.
(See footnote 1) Mr. Hedinger was a senior member of the Wyoming
East High School football team. On September 20, 2002, he was ejected from a
game for allegedly punching an opposing player. He denies throwing the punches.
(See footnote 2) The
SSAC suspended Mr. Hedinger from the next Wyoming East football game, scheduled
for September 27, 2002, as required by
W. Va. C.S.R. § 127-4-3.7.3 (2002). Prior to September 27, 2002, however, Mr. Hedinger
filed a complaint for a temporary restraining order to allow him to play in that game. On
September 26, 2002 Judge Hrko heard both the petition and the SSAC's motion to dismiss.
Judge Hrko issued an injunction requiring the SSAC to provide Mr. Hedinger some type
of hearing before imposing the prospective suspension. Additionally, Judge Hrko ordered
Mr. Hedinger be allowed to play in the September 27th game. The SSAC then sought a writ
of prohibition invoking this Court's original jurisdiction to prohibit Judge Hrko from
enforcing the injunction. We granted a rule to show cause, but refused to stay the
[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 227, 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.
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.