COA 2009 Minutes: December 18, 2009 (Nos. 1271-1289)

  • 19 decisions
  • 1 published

Published Decisions with digest and link to full text decision at AOC:

1286 – COMMERCIAL LAW, BANK ACCOUNTS, SUMMARY JUDGMENT

BARNETT VS. COMMUNITY TRUST BANK, INC.
APPEAL FROM FAYETTE CIRCUIT COURT  HONORABLE PAMELA R. GOODWINE, JUDGE
ACTION NO. 08-CI-00504
OPINION VACATING AND REMANDING
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BEFORE:    LAMBERT AND VANMETER, JUDGES; HARRIS, SENIOR JUDGE.
LAMBERT, JUDGE: Phillip W. Barnett (hereinafter “Phillip”) appeals from a December 29, 2008, summary judgment order entered by the Fayette Circuit Court. This order dismissed Phillip’s claims of negligence, breach of contract, and unjust enrichment against Community Trust Bank, Inc., and Kathy Lovely. Finding genuine issues of material fact precluding judgment as a matter of law in favor of Community Trust Bank and Lovely, we hereby vacate the Fayette Circuit Court’s order and remand this matter for further proceedings.