In its March 24, 2026, decision, the Supreme Court of Appeals of West Virginia made clear that appellate deadlines matter, and that a party’s failure to timely perfect an appeal – without obtaining an extension before the deadline expires – can be fatal to appellate review. Although this particular case does not arise in the healthcare context, it is an important decision for all matters on appeal to the Supreme Court of West Virginia.
The Supreme Court of Appeals of West Virginia released Toler v. WV Regional Jail Commission on March 24, 2026, affirming the dismissal of Toler’s case by the Intermediate Court of Appeals (“ICA”) because she failed to request a second extension to file a brief perfecting her appeal prior to the deadline of a prior extended deadline.
Toler filed suit asserting gender discrimination in violation of the West Virginia Human Rights Act. After the circuit court granted summary judgment barring petitioner’s claims based upon sovereign immunity, Toler timely filed a notice of appeal to the ICA. After, the ICA set a scheduling order requiring the appeal be perfected on or before November 6, 2023. On November 6, 2023, Toler filed a motion for leave to file out of time based upon good cause technological problems. The ICA granted the motion and set a new deadline for November 17, 2023, to perfect the appeal. When Toler did not file her brief until almost a month later on December 8, 2023, the ICA dismissed the appeal. The Supreme Court affirmed the dismissal because of Toler’s untimely filing in the ICA.
When the ICA dismisses a matter before reaching the merits based upon the petitioner’s failure to timely perfect an appeal, the Supreme Court’s review is limited to the dismissal itself; affirming the lower court’s ruling is proper where the Rules of Appellate Procedure are correctly applied. This case makes it clear that litigants who fail to timely perfect appeals will not get a second bite at the apple.