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HARROD v. IRVINE

Nos. 2007-CA-002178-MR, 2007-CA-002286-MR.

283 S.W.3d 246 (2009)

David R. HARROD, Appellant, v. Bruce IRVINE, Elissa May Plattner, and Margaret May Patterson, Appellees. and Bruce Irvine, Cross-Appellant, v. David R. Harrod, Elissa May Plattner, and Margaret May Patterson, Cross-Appellees.

Court of Appeals of Kentucky.

As Modified May 8, 2009.

Attorney(s) appearing for the Case

Robert W. Kellerman, Frankfort, KY, for appellant/cross-appellee David Harrod.

Paul C. Harnice, Frankfort, KY, for appellee/cross-appellant Bruce Irvine.

Elissa May Plattner and Margaret May Patterson, John B. Baughman, Squire N. Williams III, Frankfort, for appellees/cross-appellees.

Before STUMBO and THOMPSON, Judges; GUIDUGLI, Senior Judge.

OPINION

STUMBO, Judge.

David R. Harrod appeals from a summary judgment of the Franklin Circuit Court wherein the court determined that the issues raised in his intervening complaint were previously resolved in a separate 1999 Franklin Circuit Court action. Harrod argues that the circuit court erred in applying res judicata to the present action, that the subject matter and parties of the two actions...

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