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January 2013 Term FILED June 12, 2013
released at 3:00 p.m. RORY L. PERRY II, CLERK
No. 11-1701
SUPREME COURT OF APPEALS OF WEST VIRGINIA
THE WEST VIRGINIA DEPARTMENT OF HEALTH
AND HUMAN RESOURCES; THE WEST VIRGINIA OFFICE OF BEHAVIORAL
HEALTH SERVICES; THE WEST VIRGINIA BUREAU FOR
MEDICAL SERVICES; and THE WEST VIRGINIA OFFICE OF
HEALTH FACILITY LICENSURE AND CERTIFICATION,
Defendants Below, Petitioners

v.
GREGORY PAYNE, individually and as Executor of the Estate of
CRAIG ALLEN PAYNE, and BETTY JO PAYNE, individually,
Plaintiffs Below, Respondents

Appeal from the Circuit Court of Kanawha County
The Honorable Carrie Webster, Judge
Civil Action No. 07-C-1407

REVERSED AND REMANDED

Submitted: March 26, 2013
Filed: June 12, 2013

M. Andrew Brison, Esq.  William C. Forbes, Esq.  
Joshua R. Martin, Esq.  W. Jesse Forbes, Esq.  
ALLEN, KOPET & ASSOCIATES, PLLC  FORBES LAW OFFICES, PLLC  
Charleston, West Virginia  Charleston, West Virginia  
Attorneys for Petitioners  Attorneys for Respondents  

JUSTICE WORKMAN delivered the Opinion of the Court.
1.

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