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ELENDT v. GREEN TREE SERVICING, LLC

No. 2013-CA-000698-MR.

443 S.W.3d 612 (2014)

Jamison and Alicia ELENDT, Appellants v. GREEN TREE SERVICING, LLC, Patricia Holt, KSL Realty d/b/a Colonial Manor, and Laurie Murray, Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court October 15, 2014.

Attorney(s) appearing for the Case

Randy J. Blankenship (argued), Erlanger, KY, for Appellants.

Van L. Sondgerath (argued), Covington, KY, for Colonial Manor for Appellees.

Jacqueline K. Heyman , Amy L. Eversole and Christopher M. Hill (argued), Frankfort, KY, for Green Tree for Appellees.

Before LAMBERT, MAZE, and MOORE, Judges.

OPINION

MAZE, Judge:

This appeal arises from an order of the Kenton Circuit Court granting Appellee, Green Tree Servicing, LLC's (hereinafter "Green Tree") motion for summary judgment on Appellants' claims of fraud and violation of the Kentucky Consumer Protection Act (KCPA). As the evidence of record shows there to be genuine and unresolved issues of material fact concerning Appellants' claims, we reverse.

Background

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