FIRST FEDERAL SAV. BANK v. McCUBBINS

No. 2005-SC-0372-DG.

217 S.W.3d 201 (2006)

FIRST FEDERAL SAVINGS BANK, Appellant, v. Tommy Lee McCUBBINS, Appellee.

Supreme Court of Kentucky.

Rehearing Denied April 19, 2007.


Attorney(s) appearing for the Case

Matthew C. Hess, Russell S. Sizemore, Huddleston & Van Zant, P.S.C., Elizabethtown, Counsel for Appellant.

John F. Carroll, J. Chester Porter & Associates, Shepherdsville, Counsel for Appellee.


Opinion of the Court by Justice WINTERSHEIMER.

This appeal is from a decision of the Court of Appeals which affirmed a summary judgment rendered by the circuit court in favor of McCubbins.

The questions are whether the trial judge properly applied the summary judgment standard to a) whether a genuine issue of material fact existed with regard to whether First Federal intentionally and voluntarily discharged the obligations under the first and larger note,...

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