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WHALEY v. WHITAKER BANK, INC.

No. 2007-CA-001451-MR.

254 S.W.3d 825 (2008)

Michael D. WHALEY, Sr.; Janell L. Whaley, Appellants v. WHITAKER BANK, INC., Appellee.

Court of Appeals of Kentucky.

May 2, 2008.

Attorney(s) appearing for the Case

Robert F. Ristaneo, Lexington, KY, for Appellants.

Lynn Sowards, Lexington, KY, for Appellee.

Before ACREE and WINE, Judges; KNOPF, Senior Judge.

OPINION

WINE, Judge.

Michael and Janell Whaley ("the Whaleys") appeal from the Scott Circuit Court's order granting Appellee's, Whitaker Bank, Inc., motion to dismiss pursuant to Kentucky Rules of Civil Procedure ("CR") 12.02, thus dismissing the Whaleys' claims. Subsequent to Whitaker Bank's CR 12.02 motion, but before Whitaker Bank filed an answer or motion for summary judgment, the Whaleys moved to voluntarily dismiss the action without prejudice...

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