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CADLEWAY PROPERTIES v. BAYVIEW LOAN

No. 2009-CA-001428-MR.

338 S.W.3d 280 (2010)

CADLEWAY PROPERTIES, INC., Appellant, v. BAYVIEW LOAN SERVICING, LLC; Dehoney Travel, Inc.; and KB Building, LLC, Appellees.

Court of Appeals of Kentucky.

September 24, 2010.

Attorney(s) appearing for the Case

Mason L. Miller (argued) and Will E. Messer , Lexington, KY, for appellant.

T. Morgan Ward, Jr. and Chadwick A. McTighe (argued), Louisville, KY, for Appellee, Bayview Loan Servicing, LLC.

No Brief Filed for Appellee, Dehoney Travel, Inc.

No Brief Filed for Appellee, KB Building, LLC.

Before COMBS, KELLER, and LAMBERT, Judges.

OPINION

KELLER, Judge:

Cadleway Properties, Inc. (Cadleway) appeals from the Jefferson Circuit Court's entry of summary judgment in favor of Bayview Loan Servicing, LLC (Bayview). This dispute arises from the interpretation of a subordination agreement (the Subordination Agreement) and whether it gives Cadleway's mortgage priority over a mortgage held by Bayview. The trial court concluded that Bayview's mortgage was superior to Cadleway's mortgage...

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