HAMILTON v. COM. TRANSP. CABINET

No. 89-SC-877-DG.

799 S.W.2d 39 (1990)

Charles L. HAMILTON, Executor of the Estate of Ben Frank Robards, Deceased, Appellant, v. COMMONWEALTH of Kentucky TRANSPORTATION CABINET, DEPARTMENT OF HIGHWAYS, Appellee.

Supreme Court of Kentucky.

November 29, 1990.


Attorney(s) appearing for the Case

Norman R. Lemme, Alan D. Twisselman, Shepherdsville, for appellant.

Marvin M. Sotsky, Stanley W. Whetzel, Jr., Taustine, Post, Sotsky, Berman, Fineman & Kohn, John H. Davis, Jr., Transp. Cabinet, Louisville, for appellee.


WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals which vacated an order of the circuit court concerning the property description of an interlocutory condemnation judgment and remanded the case back to the circuit court with directions that the motion for leave to amend be granted.

The principal issue is whether the Commonwealth is entitled to amend its petition and whether an amended interlocutory judgment should be entered. Other...

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