In June the West Virginia Supreme Court of Appeals denied a Petition for Appeal in which the plaintiff challenged the lower court's dismissal of his medical malpractice claim. Stephen Brooks and Stacie Honaker, who had successfully convinced the Circuit Court of Marion County to dismiss the action with prejudice on October 20, 2006, likewise argued in opposition to the Petition that the failure to comply with the pre-suit requirement of the Medical Professional Liability Act resulted in the expiration of the statute of limitations. In West Virginia, appeals in civil cases are wholly discretionary for the Supreme Court of Appeals, the sole appellate court in the State.