Joiner v. Tran & P Properties, LLC, 526 S.W.3d 94 (2017)

Citation: Joiner v. Tran & P Properties, LLC, 526 S.W.3d 94 (2017)
Parent Document: Joiner v. Tran & P Properties, LLC, 526 S.W.3d 94 (2017)
Jurisdiction: Kentucky (state)
Effective Date: 2017-07-21
Original Source: https://www.courtlistener.com/opinion/5448835/joiner-v-tran-p-properties-llc/ ↗

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Our standard of review in an appeal from a summary judgment is well-settled in the Commonwealth. “The standard of review on appeal when a trial court grants a motion for summary judgment is ‘whether the trial court correctly found that there were no genuine issues as to any material fact and that the moving party was entitled to judgment as a matter of law.’ ” Lewis v. B & R Corp., 56 S.W.3d 432, 436 (Ky. App. 2001), citing Scifres v. Kraft, 916 S.W.2d 779, 781 (Ky. App. 1996); Palmer v. International Ass’n of Machinists & Aerospace Workers, 882 S.W.2d 117, 120 (Ky. 1994); CR 56.03. “Because summary judgment involves only legal questions and the existence of any disputed material issues of fact, an appellate court need not defer to the trial court’s decision and will review the issue de novo.” Lewis, 56 S.W.3d at 436, citing Scifres, 916 S.W.2d at 781; Estate of Wheeler v. Veal Realtors and Auctioneers, Inc., 997 S.W.2d 497, 498 (Ky. App. 1999); Morton v. Bank of the Bluegrass and Trust Co., 18 S.W.3d 353, 358 (Ky. App. 1999). The parties appear to agree that there are no disputed issues of material fact, and therefore we shall review the circuit court’s legal rulings on the Joiners’ various claims de novo.

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