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MEDICAL VISION GROUP, P.S.C. v. PHILPOT

No. 2008-SC-000017-MR.

261 S.W.3d 485 (2008)

The MEDICAL VISION GROUP, P.S.C., and Schatzie, L.L.C., Appellants, v. Hon. Timothy N. PHILPOT, Judge Fayette Circuit Court and Charlene Theresa Dudee, Jitander Singh Dudee, and James W. Gardner, In his Capacity as Receiver (Real Parties in Interest), Appellees.

Supreme Court of Kentucky.

August 21, 2008.

Attorney(s) appearing for the Case

Trevor Wayne Wells, Miller & Wells, PLLC, Lexington, KY, Counsel for Appellants.

Judge Timothy Neil Philpot, Fayette Circuit Court, Lexington, KY, pro se.

Suzanne Marie Baumgardner, Valerie S. Kershaw, Dawahare & Kershaw, LLP, Lexington, KY, Counsel for Appellee, Charlene Theresa Dudee, Real Party in Interest.

James Roscoe Stinetorf, Thomas Dulaney Bullock, Harold Lewis Kirtley, Bullock & Coffman, LLP, Lexington, KY, Counsel for Appellee, Jitander Singh Dudee, Real Party in Interest.

James Wilson Gardner, Henry Watz Gardner & Sellars, PSC, Lexington, KY, pro se.

Opinion of the Court by Justice ABRAMSON.

The Medical Vision Group, P.S.C. (MVG), and Schatzie, L.L.C. (Schatzie), petitioned the Kentucky Court of Appeals for a writ prohibiting Judge Timothy Philpot of the Fayette Circuit Court from appointing a receiver to oversee both business entities and from asserting external judicial control over the businesses' accounts and assets. The Court of Appeals denied the writ, finding that because the businesses are alter-ego corporations...

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