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PAYNE v. RUTLEDGE

No. 2011-CA-000953-MR.

391 S.W.3d 875 (2013)

Beulah PAYNE, Appellant v. Joel Lynn RUTLEDGE, Executrix for the Estate of Stanley Rutledge; and Joel Lynn Rutledge, Appellees.

Court of Appeals of Kentucky.

February 8, 2013.

Attorney(s) appearing for the Case

Marcia A. Smith , David O. Smith , Corbin, KY, for appellant.

Gary W. Brittain Corbin, KY, for appellee.

Before ACREE, Chief Judge; MOORE and THOMPSON, Judges.

OPINION

ACREE, Chief Judge:

This matter involves a dispute over a shared driveway. Beulah Payne filed suit against Stanley and Joel Lynn Rutledge claiming they had breached an agreement concerning maintenance of an easement, demanding that the easement be terminated, and seeking damages for the alleged breach. The Knox Circuit Court entered summary judgment in favor of the Rutledges, finding the uncontested evidence

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