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SMITH v. FLYNN

No. 2011-CA-002101-MR.

390 S.W.3d 157 (2012)

Herbert H. SMITH, Appellant v. W. Timothy FLYNN II, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court February 18, 2013.

Attorney(s) appearing for the Case

Joel R. Smith , Jamestown, KY, for appellant.

Donald H. Byrom , Jamestown, KY, for appellee.

Before COMBS, KELLER, and LAMBERT, Judges.

OPINION

COMBS, Judge:

Herbert Smith appeals from an order of the Russell Circuit Court that denied his motion to vacate a default judgment. Upon our review, we affirm.

In 2008, Smith cut down trees and removed a fence that separated his property from that of Timothy Finn. Finn contacted Smith, and they discussed damages. The record indicates that Smith and his daughter, Linda Wilson, both agreed to replace the fence and to reimburse Finn for...

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