Hauber v. Hauber
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The Supreme Court affirmed the opinion of the court of appeals reversing the judgment of the circuit court dismissing Plaintiffs' second action against Defendants, the trustees of their parents' trust, because a prior action had been filed in and decided by the district court, holding that Plaintiffs' filing in the circuit court was appropriate under the circumstances.
In the earlier action, Plaintiffs filed a notice-order-motion to remove trustees and for other relief, alleging breach of fiduciary duties. The district court denied the requested relief. The circuit court affirmed. While Plaintiffs' appeal was pending in the circuit court they filed the instant proceeding in the circuit court alleging that Defendants breached their statutory and common law duties. Defendants filed a motion to dismiss and remand to the district court on the grounds that Ky. Rev. Stat. 386B.2-030 vested the district court with exclusive jurisdiction over matters arising from the same trust matter which had been before it. The circuit court denied the motion but remanded the matter to the district court, concluding that the district court had exclusive jurisdiction. The court of appeals reversed. The Supreme Court affirmed, holding that the underlying matter and claims in the two cases were different, and therefore, Plaintiffs' filing in the circuit court was appropriate.
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