Minutes for Oct. 7, 2005
SMITH V. DOLLAR GENERAL STORES
Jurisdiction - Forum Non Conveniens
2003-CA-002632 - REVERSING AND REMANDING (Judge Taylor)
Trial court dismissed plaintiff's negligence claim as time barred by one-year statute of limitation. On appeal, COA reversed and remanded the action in reliance upon KRS 413.270(1). The doctrine of forum non conveniens empowers a court, vested with jurisdiction and venue, to dismiss an action if a more convenient venue exists. If an action is commenced in due time and in good faith in any court of this state and the defendants or any of them make defense, and it is adjudged that the court has no jurisdiction of the action, the plaintiff or his representative may, within ninety (90) days from the time of that judgment, commence a new action in the proper court. The time between the commencement of the first and last action shall not be counted in applying any statute of limitation.
KENTUCKY REAL ESTATE COMM. V. MILGROM
ADMINISTRATIVE LAW - Professions
2004-CA-001513 REVERSING (JUDGE SCHRODER)
Kentucky Real Estate Commission disciplined realtor for failing to set up and retain certain funds in an escrow account and for misrepresenting that he had a line of credit and was holding the funds in an escrow account. COA held that KREC was not deprived of authority to take such action even when realtor was acting in individual rather than agency/representative capacity.
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