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SCHMITT FURNITURE CO. v. COM. BY GILLIS

722 S.W.2d 889 (1987)

SCHMITT FURNITURE COMPANY, INC. (Real Party in Interest) and William L. Graham, Judge Franklin Circuit Court, Appellants, v. COMMONWEALTH of Kentucky Revenue Cabinet, By and on Behalf of Gary W. GILLIS, Secretary, Appellee.

Supreme Court of Kentucky.

January 22, 1987.

Attorney(s) appearing for the Case

John E. Evans, E. Brian Davis, Greenbaum, Young, Treitz & Maggiolo, Louisville, for appellants, Real Party in Interest.

Douglas M. Dowell, Legal Services Section, Revenue Cabinet, Frankfort, for appellee.

WINTERSHEIMER, Justice.

This appeal is from an order of the Court of Appeals in an original action which denied Schmitt's motion for attorney's fees which had been filed pursuant to KRS 453.260 and Civil Rule 37.02.

The issue is whether the Court of Appeals abused its discretion in denying the application for attorney's fees.

The original action arose when Schmitt appealed an assessment for delinquent tax payments. In preparation of its appeal, Schmitt...

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