Midwest Mutual Insurance Co. v. Wireman

OPINION

HUDDLESTON, Judge:

Midwest Mutual Insurance Company appeals from an order denying its motion to dismiss and motion for summary judgment in an action filed against Midwest by Nicholas Wireman and Keith Bailey.

The motion that the circuit court denied was styled as a motion to dismiss for lack of prosecution, 1 or in the alternative, for summary judgment 2 in favor of Midwest.

Involuntary dismissal pursuant to Kentucky Rule of Civil Procedure (CR) 41.02 “is subject to the sound discretion of the trial judge.” 3 Midwest does not argue on appeal that the circuit court abused its discretion in…