March 1, 2013 Court of Appeals Minutes (Links to Appellate Decisions) — Re: Rule 11, prejudgment interest

Court of Appeals Minutes Text OnlyPublished and Unpublished Decisions from the Kentucky Court of Appeals

March 1, 2013 Court of Appeals Minutes
No. 232 – 245
14 decisions;  1 Cases To Be Published
Click here for AOC page with current minutes and archived minutes links

PUBLISHED DECISIONS:

232.  Rule 11.  COA affirmed denial of sanctions.
Lexington Investment Co. vs. Randy Willeroy
MAZE, JUDGE: Lexington Investment Company, Inc. and Mathew Stockham (collectively, “the Brokers”) appeal1 from an order and judgment by the Fayette Circuit Court denying their motion for sanctions and attorney fees against Randy Willeroy (Willeroy) and his attorneys Cliff and Lynn Stidham (Stidham). The Brokers assert that Willeroy and Stidham brought an action against them without adequately researching the factual and legal basis for the claims. Consequently, they argue that the trial court abused its discretion by denying their motion for sanctions pursuant to Kentucky Rule of Civil Procedure (“CR”) 11. But while Willeroy’s claims against the Brokers were not successful, we conclude that he and Stidham had a reasonable basis for the claims at the time the action was filed. Hence, we affirm the trial court’s denial of the Brokers’ motion for sanctions.

TORT REPORT:

233.  Prejudment interest and other issues addressed in employment case were addressed.
Oliver v. J.J.B. Hilliard Not for Publication

241. Liberal construction of pleading rules.  CR 8.01
Carwell v. Miller, Not for Publication

Complete minutes below for all decisions with links to full text:

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