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STOECKLIN v. RIVER METAL RECYCLING, LLC

No. 2011-CA-000951-MR.

370 S.W.3d 527 (2012)

Jack STOECKLIN, Appellant, v. RIVER METAL RECYCLING, LLC, Appellee.

Court of Appeals of Kentucky.

June 15, 2012.

Attorney(s) appearing for the Case

Eric C. Deters , Independence, KY, for appellant.

Wm. T. Robinson, III , Philip J. Schworer , Michael E. Nitardy , Florence, KY, for appellee.

Before TAYLOR, Chief Judge; KELLER and THOMPSON, Judges.

OPINION AND ORDER

THOMPSON, Judge:

Jack Stoecklin filed this nuisance action against River Metals Recycling, LLC (RMR). Because Stoecklin filed a motion to voluntarily dismiss his claim with prejudice, we hold that his appeal from the Campbell Circuit Court's order granting his motion must be dismissed.

The substantive facts underlying Stoecklin's nuisance claim are not pertinent to our decision. Our decision turns on the procedural facts...

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