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SMITH v. WILLIAMS

No. 2010-SC-000332-DG.

396 S.W.3d 296 (2012)

Kenton SMITH, et al., Appellants v. Richard WILLIAMS, et al., Appellees.

Supreme Court of Kentucky.

Rehearing Denied October 25, 2012.

Attorney(s) appearing for the Case

Jessica Brown Roberts , Brandenburg, KY, Counsel for Appellants.

J. Gregory Joyner , Naber, Joyner, & Jaffe, Louisville, KY, Counsel for Appellees.

Opinion of the Court by Justice SCHRODER.

The Meade Circuit Court granted the Appellants' motion for summary judgment in a partition action for the sale of jointly owned real estate pursuant to KRS 389A.030, having found that the statute of frauds, KRS 371.010(6), prevented enforcement of an alleged oral "buy/sell" agreement between the parties. The Court of Appeals reversed and remanded. We granted discretionary review and reverse the Court of Appeals.

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