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MAHONEY v. McDONALD-BURKMAN

No. 2009-SC-000578-MR.

320 S.W.3d 75 (2010)

Geneva MAHONEY, as Executrix of the Estate of Louise Roberts, Deceased, Appellant, v. Hon. Judith McDONALD-BURKMAN, Judge Jefferson Circuit Court, Division 9, Appellee and Sandeep Kapoor, M.D., Caritas Physicians Group, Inc., John S. Harris, M.D. and Cardiovascular Associates, P.S.C., Real Parties In Interest.

Supreme Court of Kentucky.

August 26, 2010.

Attorney(s) appearing for the Case

Grover Simpson Cox , Theodore L. Mussler, Jr. , Mussler & Associates, Louisville, KY, Counsel for Appellant.

Judith McDonald-Burkman , Judge Jefferson Circuit Court, Division 9, Louisville, KY, for Appellee.

Daniel Garland Brown , David Bryan Gazak , Darby and Gazak, PSC, Louisville, KY, Counsel for Sandeep Kapoor, M.D. and Caritas Physicians Group, Inc/Real Parties in Interest.

Douglass Farnsley , Sites & Harbison, Louisville, KY, Counsel for John S. Harris, M.D. and Cardiovascular Associates, PSC/Real Parties in Interest.

Opinion of the Court by Justice VENTERS.

Appellant, Geneva Mahoney, Executrix of the Estate of Louise Roberts, appeals from an Order of the Court of Appeals denying her Petition for a Writ of Mandamus. Appellant seeks to compel the Respondent, Judge Judith McDonald-Burkman, to disqualify three witnesses in order to bar their depositions from being read at trial. For the reasons set forth below, we affirm the Court of Appeals.

FACTUAL AND PROCEDURAL BACKGROUND...

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