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CARROLL v. CARROLL

No. 2010-CA-000824-MR.

355 S.W.3d 463 (2011)

James L. CARROLL and Deborah F. Carroll, Appellants, v. John S. CARROLL and Lois W. Carroll, Appellees.

Court of Appeals of Kentucky.

November 4, 2011.

Attorney(s) appearing for the Case

Matthew J. Baker , Bowling Green, KY, for appellant.

Barton D. Darrell , Tad T. Pardue , Richard W. Hartsock , Bowling Green, KY, for appellee.

Before DIXON, MOORE and THOMPSON, Judges.

OPINION

MOORE, Judge:

James and Deborah Carroll (James) appeal the order of the Warren Circuit Court denying their motion for summary judgment and granting John and Lois Carroll's (John) motion for partial summary judgment. After a careful review of the record, we affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

This action arose from a dispute over John's use of a driveway that crosses over James' property and serves as a means of access...

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