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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Real Estate Marketing, Inc. v. Franz, 885 S.W.2d 921 (1994)

Citation
Real Estate Marketing, Inc. v. Franz, 885 S.W.2d 921 (1994)
Parent Document
Real Estate Marketing, Inc. v. Franz, 885 S.W.2d 921 (1994)
Jurisdiction
Kentucky (state)
Effective Date
1994-10-27

Other Sections in This Document (62)

Full Text

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In an Opinion and Order rendered November 20, 1991, the trial court sustained First Lexington’s “motion to dismiss for failure to state a claim upon which relief can be granted,” specifying its decision was “predicated upon the obvious determination by this Court that there is a not a dispute of fact” concerning any matter the trial court considered “essential” to its decision: “therefore, this - is not in the form of a summary judgment.” By Order of January 9, 1992, the trial court specified that the dismissal against First Lexington was “a filial and appealable Judgment.” Thus the trial court severed the case against First Lexington from the case against the Careys for purposes of appeal. Subsequent developments in the case against the Careys have no bearing on this appeal.