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ALEXANDER v. S & M MOTORS, INC.

Nos. 1998-SC-0896-DG, 1998-SC-0951-DG.

28 S.W.3d 303 (2000)

Jeffrey ALEXANDER Appellant, v. S & M MOTORS, INC., d/b/a the Lexus Store of Lexington, Appellee. Ken-Ray Motors, Appellant, v. Wanda Childers and Don A. Pisacano, Appellees.

Supreme Court of Kentucky.

Rehearing Denied October 26, 2000.

Attorney(s) appearing for the Case

Don A. Pisacano, Stites & Harbison, Lexington, Counsel for Appellant, Jeffrey Alexander.

Paul "Skip" Gaines, Stewart C. Burch, Frankfort, Counsel for Appellee, S & M Motors.

Jimmy Dale Williams, Richmond, Counsel for Appellant, Ken-Ray Motors.

Don A. Pisacano, Stites & Harbison, Lexington, Counsel for Appellees, Wanda Childers and Don A. Pisacano.

JOHNSTONE, Justice.

The issue presented in each of these cases involves a question of first impression concerning the award of attorney fees under the Kentucky Consumer Protection Act (KCPA), KRS 367.220(3). We granted discretionary review to resolve a split of authority in the Kentucky Court of Appeals. We hold that the award of attorney fees under the statute is discretionary with the trial court.

We begin with a brief discussion of the pertinent facts of...

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