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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Shinkle v. Turner, 496 S.W.3d 418 (2016)

Citation
Shinkle v. Turner, 496 S.W.3d 418 (2016)
Parent Document
Shinkle v. Turner, 496 S.W.3d 418 (2016)
Jurisdiction
Kentucky (state)
Effective Date
2016-08-25

Full Text

631 chars
By filing his forcible detainer complaint only eight days after giving Shinkle notice to vacate, Turner was claiming a right to immediate possession that he did not lawfully have. The statutory elements of a forcible detainer were not yet met since Turner had, at that time, no presently enforceable right of possession. “A cause of action does not exist until the conduct causes injury that produces loss or damage.” Abel v. Austin, 411 S.W.3d 728, 736 (Ky.2013) (citation omitted). Because the complaint was filed before the stated cause of action accrued, the district court should have dismissed it; failure to do so was error.