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FIRST COM. BANK OF PRESTONSBURG v. WEST

No. 1998-CA-001203-MR.

55 S.W.3d 829 (2000)

FIRST COMMONWEALTH BANK OF PRESTONSBURG, Appellant, v. Shelia WEST; Thurman West; Thurman West Trucking Company; United States of America Department of the Treasury, Internal Revenue Service; and Floyd County, Kentucky, Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied August 15, 2001.

Attorney(s) appearing for the Case

Richard E. Fitzpatrick, Martin L. Osborne, Prestonsburg, KY, for Appellant.

Shelia West, Gregory A. Isaac, Prestonsburg, KY, for Appellee.

Before: GUIDUGLI, JOHNSON and KNOPF, Judges.

OPINION

GUIDUGLI, Judge.

First Commonwealth Bank of Prestonsburg, Inc. (FCB), appeals from an order of the Floyd Circuit Court which denied its motion for summary judgment against Shelia West (Shelia).1 We reverse and remand this matter with instructions to enter summary judgment in favor of FCB.

This case presents an issue of first impression—namely whether a co-mortgagor can obligate another co-mortgagor...

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