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J. LAMBERT, concurring:
I am bothered, as is the author of this opinion, by what I consider to be a “harsh result” in this case.
However, as is obvious, we cannot consider testimony in our decision making process which has not been provided to us; and, as the opinion states, “each time we do not strictly apply the rules we erode them.”
Accordingly, I reluctantly concur in this opinion as written. :.
Document Info
Docket Number: NO. 2016-CA-000028-ME
Citation Numbers: 501 S.W.3d 900, 2016 Ky. App. LEXIS 97, 2016 WL 3213216
Judges: Dixon, Lambert, Nickell
Filed Date: 6/10/2016
Precedential Status: Precedential
Modified Date: 10/19/2024