STATE FARM MUT. AUTO. INS. CO. v. BEARD


636 S.W.2d 26 (1982)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Timothy Puckett, and State Farm Mutual Automobile Insurance Company, Appellants, v. Donna Jo BEARD, and William Thomas Klapheke, II, Appellees.

Court of Appeals of Kentucky.

July 16, 1982.


Attorney(s) appearing for the Case

G. D. Milliken, Jr., Milliken & Milliken, William J. Rudloff, Harlin, Parker & Rudloff, Bowling Green, for appellants.

William Thomas Klapheke, II, Berry & Klapheke, Glasgow, for appellees.

Before COOPER, GUDGEL and VANCE, JJ.


COOPER, Judge.

This is an appeal from a portion of a judgment allowing the appellee-Klapheke an attorney's fee under KRS 304.39-070(5). At issue is whether the trial court erred, as a matter of law, in so acting given the language of the statute. On review, we reverse and remand.

The facts relative to this action are as follows: In April of 1980, the appellee, Donna Jo Beard, filed an action against the appellant, Timothy Puckett, and Danny Cherry for personal...

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