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BROWN v. SHELTON

No. 2004-CA-000282-MR.

156 S.W.3d 319 (2004)

Kenneth BROWN, Appellant, v. Wayne SHELTON, Appellee.

Court of Appeals of Kentucky.

December 30, 2004.

Attorney(s) appearing for the Case

Anne W. Miller, O'Koon Hintermeister, PLLC, Louisville, KY, for Appellant.

Ilam E. Smith, Pedley Zielke Gordinier & Pence, PLLC, Louisville, KY, for Appellee.

Before TACKETT, TAYLOR, and VANMETER, Judges.

OPINION

TAYLOR, Judge.

Kenneth Brown brings this appeal from a January 9, 2004, Judgment of the Jefferson Circuit Court. We reverse and remand.

The underlying dispute involves a claim for damages stemming from an alleged breach of a commercial lease. Appellee initially filed a forcible detainer petition in the Nelson District Court, and an order of eviction issued therefrom. To recover unpaid rent, appellee then instituted this action in the...

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