Younger v. Evergreen Group, Inc.
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Appellees conducted a renovation project near Appellant's place of work. Appellant filed a complaint against Appellees, alleging that Appellees negligently caused her to have occupational asthma and other injuries arising out of the renovation work. The trial court granted summary judgment in favor of Appellees, after which Appellants filed a motion to vacate the judgment pursuant to Ky. R. Civ. P. 60.02(a). The trial court granted the motion and then "re-granted" summary judgment in favor of Appellees. The court of appeals granted Appellees' motions to dismiss Appellant's appeal as untimely, finding that the trial court improperly granted Appellant's Rule 60.02 motion, and thus, the appeal became untimely because the thirty-day time limit for filing a notice of appeal ran from the initial summary judgments rather than the latter summary judgment. The Supreme Court reversed, holding (1) a Rule 60.02 order granted under subsections (a)-(e), such as this one, may be considered in a motion to dismiss; and (2) the trial court did not abuse its discretion in granting Rule 60.02 relief to Appellant. Remanded for consideration of the merits of the summary judgment rulings.
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