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JAROSZEWSKI v. FLEGE

No. 2008-SC-000112-DG.

297 S.W.3d 24 (2009)

Brian JAROSZEWSKI and Amy Page-Jaroszewski, Appellants, v. Charles F. FLEGE and Karen Jaroszewski, Appellees.

Supreme Court of Kentucky.

October 29, 2009.

Attorney(s) appearing for the Case

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

Jack Scott Gatlin, Peter Wade Whaley, Ackman, Lorenz, Gatlin & Voelker, PLLC, Williamstown, KY, Counsel for Appellee Charles F. Flege.

Ann Geisheimer, Lynch, Cox, Gilman & Mahan, P.S.C., Louisville, KY, Counsel for Appellee Karen Jaroszewski.

Opinion of the Court by Chief Justice MINTON.

I. INTRODUCTION.

We accepted discretionary review of this case to clarify the analysis a trial court must undertake when deciding motions to dismiss for lack of prosecution under Kentucky Rules of Civil Procedure (CR) 41.02(1). We now reaffirm that the trial court must consider all factors relevant to that case in ruling upon such a motion. And we construe recent Kentucky cases as offering guidelines for...

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