RAYMOND A. CRAWFORD, JR., v. WILLIE C. STACEY
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RENDERED: August 14, 1998; 10:00 a.m.
NOT TO BE PUBLISHED
C ommonwealth O f K entucky
C ourt O f A ppeals
NO. 97-CA-0933-MR
consolidated with
NO. 97-CA-0934-MR
RAYMOND A. CRAWFORD, JR.,
and CHERYL CRAWFORD
v.
APPELLANTS
APPEAL FROM CAMPBELL CIRCUIT COURT
HONORABLE LEONARD L. KOPOWSKI, JUDGE
ACTION NOS. 95-CI-45 and 93-CI-1357
WILLIE C. STACEY
and CONNIE STACEY
APPELLEES
OPINION
AFFIRMING
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BEFORE:
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**
HUDDLESTON, KNOPF, and MILLER, Judges.
MILLER, JUDGE.
Raymond A. Crawford, Jr., and Cheryl Crawford
bring Appeal No. 97-CA-0933-MR from a March 17, 1997 order of the
Campbell Circuit Court.
They bring Appeal No. 97-CA-0934-MR from
a March 17, 1997 order of the Campbell Circuit Court.
We affirm.
In Civil Action No. 93-CI-1357, the Campbell Circuit
Court entered an order directing appellants to convey certain
real property commonly known as 95 Covert Run, Ft. Thomas,
Campbell County, Kentucky, to appellees/Willie C. Stacey and
Connie Stacey upon payment of $69,890.38.
The court determined
that appellants held the property upon constructive trust for
appellees.
Appellants pursued an appeal (No. 95-CA-0555-MR) to
this Court.
Meanwhile, they filed in the Campbell Circuit Court
a separate action (No. 95-CI-00045), seeking to “foreclose” upon
the aforementioned real estate (the foreclosure action).
They
asserted that appellees failed to make mortgage payments for the
months of November and December 1994 and January 1995.
Appellants claimed to somehow hold a lien upon the property.
The
foreclosure action was “abated” until disposition of the appeal
in Civil Action No. 93-CI-1357.
On October 4, 1996, the Court of Appeals, in No. 95-CA0555-MR, affirmed the Campbell Circuit Court’s imposition of a
constructive trust in Civil Action No. 93-CI-1357.
Thereafter,
the circuit court referred the foreclosure action to the Master
Commissioner (commissioner).
The commissioner recommended that
appellants’ complaint for foreclosure be dismissed.
On March 17,
1997, the circuit court adopted the Findings of Fact, Conclusions
of Law and Recommendations of the commissioner and dismissed the
action.
Appellants bring Appeal No. 97-CA-0933-MR therefrom.
In Civil Action No. 93-CI-1357, appellants filed a
motion on February 25, 1997, seeking reimbursement of monthly
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mortgage payments from appellee.
The motion was overruled by the
Campbell Circuit Court on March 17, 1997.
Appellants bring
Appeal No. 97-CA-0934-MR from that order.
Appeal No. 97-CA-0933-MR
Appellants contend that the circuit court committed
reversible error by dismissing the foreclosure action.
disagree.
We
This Court’s opinion in Appeal No. 95-CA-0555-MR
clearly established that appellants held the subject property in
constructive trust for appellees and that the appellants were not
entitled to recover mortgage payments from appellees.
Considering such opinion, we are baffled by the instant appeal
and by appellants’ attempt to “foreclose” upon the subject
property.
See Board of Education of Covington v. Gray, Ky. App.,
806 S.W.2d 400 (1991).
In short, we view the foreclosure action
as lacking cognizant legal basis and bordering upon frivolity.
Appeal No. 97-CA-0934-MR
Appellants assert that the circuit court committed
reversible error by failing to award them reimbursement for
mortgage payments.
The above issue has been decided by this
Court in Appeal No. 95-CA-0555-MR, and, as such, we are of the
opinion that the doctrine of issue preclusion bars re-litigation
of same.
Id.
For the foregoing reasons, the orders of the Campbell
Circuit Court are affirmed.
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ALL CONCUR.
ATTORNEY FOR APPELLANTS:
ATTORNEYS FOR APPELLEES:
Michael L. Schulkens
Newport, KY
Brian C. Rieger
Paul H. Twehues, Jr.
Covington, KY
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