Law Offices of Harold Silver, P.A. v. Farmers Bank & Trust Co. of Kentucky

ERVIN, Judge.

Appellant-plaintiff appeals from an order granting summary judgment in a action for *985malicious prosecution. We reverse and remand.

Appellant obtained a final judgment against Daniel D. Thompson and a writ of execution was issued pursuant to the judgment. In compliance with the writ, the sheriff levied upon an automobile owned by Thompson. Prior to the date of the execution sale, Farmers Bank and Trust of Bardstown, Kentucky (intervenor), intervened, claiming it had a superior interest in the judgment debtor’s automobile. Following the procedure set out in Sections 56.16 through…