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OWEN v. NEELY

471 S.W.2d 705 (1971)

Berthold OWEN et al., Appellants, v. Sam Boyd NEELY and Sig Johnson et al., Appellees.

Court of Appeals of Kentucky.

October 15, 1971.

Attorney(s) appearing for the Case

Benjamin J. Lookofsky, Lookofsky & Miller, Mayfield, for appellants.

George R. Effinger, Paducah, William P. Swain, Andrew J. Russell, Boehl Stopher Graves & Deindoerfer, Louisville, for appellees.

PALMORE, Judge.

The appellants, Berthold Owen and wife, brought this action against Sam Boyd Neely, an attorney, for damages allegedly resulting from a defective certificate of title. The trial court dismissed their claim by summary judgment based on the pleadings and discovery depositions. It is our opinion that these particular documents indicate the existence of a material issue of fact which can be properly resolved only when the facts are fully developed or,...

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