Miller, Griffin & Marks represents clients in litigation of all types, including commercial and equine disputes, as well as personal injury matters. We practice in both state and federal courts, both at the trial and appellate levels.
Parents who never married presented an issue of whether a trial court’s order directing and authorizing one parent to obtain a passport for their minor child was an enforceable order. The mother argued that the order was a modification of the custody decree without proper findings of fact and conclusions...
Townhome owners sued for declaration by the Scott Circuit Court that the homeowners’ association governing the 77 townhome development did not have any right, responsibility or jurisdiction over their units or lots. The court held that there were no covenants, restrictions or conditions filed in the record with respect to...
Fifth Third Bank sought to enforce banking agreements that included pledges of equine collateral. Gulf Coast attempted to prove that the terms of the agreement with the lender were different than contained within the documents executed by the parties. The trial court ruled in favor of Fifth Third by Opinion...
Plumber installed new underground water supply to apartment buildings under renovation by new owner. After several years owner determined that the water line installation was defective as joints in the pipes burst from having been overtightened at installation. No visible evidence existed of the harm until a puddling of water...
In a case that traversed from trial court, to court of appeals, back to the trial court, back to the court of appeals and then to supreme court, Kentucky’s highest court changed the law on noncompetition agreements and the consideration required for an enforceable restrictive covenant. Company sued former employee...
Landlord sued to enforce commercial lease against tenant. Tenant had allowed her limited liability company to be administratively dissolved and entered into an amended lease with landlord in her individual name. The parties did not use attorneys for the preparation or execution of the amended lease and merely struck through...
The trial court granted a motion for judgment on the pleadings because the personal guarantees were unenforceable as a matter of law as not complying with the requirements for a guaranty of indebtedness set out by Kentucky statute. Personal guarantee/business debt/KRS 371.065/credit agreement/unenforceable/sophisticated business person Read more ›
...The trial court granted a motion for judgment on the pleadings because the personal guarantees were unenforceable as a matter of law as not complying with the requirements for a guaranty of indebtedness set out by Kentucky statute. Personal guarantee/business debt/KRS 371.065/credit agreement/unenforceable/sophisticated business person Read more ›
...Trainer breached lease agreement by failing to pay rent and physically damaging the premise. After forcible detainer order was entered, Landlord sued to recover damages and summary judgment was granted over request for continuance. Tenant appealed. Court of Appeals affirmed monetary judgment against trainer (including attorneys’ fee recovery) and the...