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PINNACLE DEVELOPMENT II v. RML CONST., LLP

Nos. 2012-CA-000826-MR, 2012-CA-000894-MR.

410 S.W.3d 169 (2013)

PINNACLE DEVELOPMENT II, LLC, Appellant/Cross-Appellee v. RML CONSTRUCTION, LLP, Appellee/Cross-Appellant.

Court of Appeals of Kentucky.

August 30, 2013.

Attorney(s) appearing for the Case

Nick Wallingford , Lexington, KY, for Appellant/Cross-Appellee.

William M. Lear, Jr. , Rena Wiseman , Lexington, KY, for Appellee/Cross-Appellant.

Before ACREE, Chief Judge, CLAYTON and MOORE, Judges.

OPINION

MOORE, Judge:

Pinnacle Development II, LLC (Pinnacle) appeals a judgment of the Fayette Circuit Court awarding it $5,049.29, rather than its prayed-for amount of $48,946.59, in its breach of contract action against RML Construction, LLP (RML). RML cross-appeals arguing that the circuit court erred in failing to dismiss Pinnacle's action as time-barred. Upon review, we agree that Pinnacle's action was indeed time-barred and we reverse the circuit...

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