West Virginia Code
Article 2. Limitation of Actions and Suits
§55-2-18. Extension of Period for New Action After Dismissal or Reversal Where the Action Is Timely Filed

(a) For a period of one year from the date of an order dismissing an action or reversing a judgment, a party may refile the action if the initial pleading was timely filed and: (i) The action was involuntarily dismissed for any reason not based upon the merits of the action; or (ii) the judgment was reversed on a ground which does not preclude a filing of new action for the same cause.
(b) For purposes of subsection (a) of this section, a dismissal not based upon the merits of the action includes, but is not limited to:
(1) A dismissal for failure to post an appropriate bond;
(2) A dismissal for loss or destruction of records in a former action; or
(3) A dismissal for failure to have process timely served, whether or not the party is notified by the court of the pending dismissal.

Structure West Virginia Code

West Virginia Code

Chapter 55. Actions, Suits and Arbitration; Judicial Sale

Article 2. Limitation of Actions and Suits

§55-2-1. Entry Upon or Recovery of Lands

§55-2-1a. Ownership or Possession of Surface of Lands After Severance of Minerals Not Adverse to Owner of Minerals

§55-2-2. Claim Not to Preserve Right as to Lands

§55-2-3. Entry Upon or Recovery of Lands by Persons Under Disability

§55-2-4. Limitations Upon §55-2-3

§55-2-5. Enforcement of Liens Reserved by Conveyance or Created by Deed of Trust or Mortgage on Real Estate

§55-2-6. Actions to Recover on Award or Contract Other Than Judgment or Recognizance

§55-2-6a. Deficiencies, Injuries or Wrongful Death Resulting From Any Improvements to or Survey of Real Property; Limitation of Actions and Suits

§55-2-7. Actions on Bonds of Personal Representatives and Fiduciaries

§55-2-8. Acknowledgment by New Promise

§55-2-9. Effect of Acknowledgment by Personal Representative or Joint Contractor

§55-2-10. Effect of Devise for Payment of Debts

§55-2-11. Action or Scire Facias on Recognizance

§55-2-12. Personal Actions Not Otherwise Provided For

§55-2-13. Foreign Judgments and Decrees

§55-2-14. Suit to Repeal Land Grant

§55-2-15. Special and General Savings as to Persons Under Disability

§55-2-16. Death Before Right to Sue

§55-2-17. When Suit Prevented by Defendant; Actions on Foreign Contracts

§55-2-18. Extension of Period for New Action After Dismissal or Reversal Where the Action Is Timely Filed

§55-2-19. Application of Statute of Limitation to State

§55-2-19a. Collection of Taxes Due State or Any Subdivision Thereof

§55-2-20. Limitations Applicable to Proceedings Pending or Rights of Action Accruing Before Effective Date of Code

§55-2-21. Statutes of Limitation Tolled on Claims Assertible in Civil Actions When Actions Commence

§55-2-22. Effect of Bankruptcy