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MAMMOTH MEDICAL, INC. v. BUNNELL

No. 2008-SC-000048-MR.

265 S.W.3d 205 (2008)

MAMMOTH MEDICAL, INC., Appellant, v. Hon. Kimberly BUNNELL (Judge, Fayette Circuit Court), et al., Appellees.

Supreme Court of Kentucky.

As Modified to Designate Opinion for Publication September 26, 2008.

Attorney(s) appearing for the Case

Charles A. Goodman, III, Garmon & Goodman, Glasgow, Joe B. Campbell, Campbell Law Office, Bowling Green, John Lewis Tate, Stites & Harbison, PLLC, Louisville, KY, Counsel for Appellant.

James E. Keller, Gess Mattingly & Atchison, PSC, Lexington, Kenneth Gregory Haynes, Wyatt, Tarrant & Combs, LLP, Rania Marie Basha, Sara Christine Veeneman, Virginia Hamilton Snell, Wyatt, Tarrant & Combs, LLP, Kimberly Nell Bunnell, Fayette County Circuit Court Judge, Lexington, KY, Counsel for Appellee.

Richard Wayne Hay, Sarah Hay Knight, Somerset, KY, Amicus Curiae.

Opinion of the Court by Justice SCOTT.

The Court of Appeals denied CR 76.36 relief to Mammoth Medical, Inc. ("Mammoth"), a medical supply distributor who petitioned for a writ of prohibition, seeking dismissal of a declaratory judgment action brought against it by the law firm Stoll Keenon Ogden PLLC ("SKO"). The writ was filed after SKO took preemptive action by seeking a declaration of non-liability for Mammoth's potential legal malpractice claim, asserting lack...

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