Appeals Granted

Case

CNX GAS COMPANY LLC v. JAMES RASNAKE, ET AL.
(Record Number 130306)

From

The Circuit Court of Russell County; Michael L. Moore, Judge.

Counsel

James R. Creekmore and Blair N.C. Wood (The Creekmore Law Firm, PC) and David Grant Altizer and M. Shaun Lundy (Altizer, Walk and White, PLLC) for appellant.

Joseph R. Carico and Carl E. McAfee (Carl E. McAfee, P.C.) for appellees.

Assignments of Error

1. The trial court erred by failing to interpret and construe the Deed against the Grantor and in favor of the Grantee.
2. The trial court erred by construing the Deed in a manner that created uncertainty, ambiguity or, worse, a factual inaccuracy, in the language, and then reading the uncertainty, ambiguity or error out of the Deed entirely by rendering an entire clause meaningless and of no impact.
3. The trial court erred by failing to consider the Deed as a whole, giving effect and meaning to all the language used in context of the entire Deed.
4. The trial court erred by failing to give the fullest and broadest meaning and effect to the General Warranty grant of the Deed over the uncertain or ambiguous language of limitation that followed, to find that the Grantor conveyed all estates in the property that he owned at the time of the Deed.

Date Granted

  5-29-2013