Schmitt Furniture Co. v. Commonwealth

WINTERSHEIMER, Justice.

This appeal is from an order of the Court of Appeals in an original action which denied Schmitt’s motion for attorney’s fees which had been filed pursuant to KRS 453.-260 and Civil Rule 37.02.

The issue is whether the Court of Appeals abused its discretion in denying the application for attorney’s fees.

The original action arose when Schmitt appealed an assessment for delinquent tax payments. In preparation of its appeal, Schmitt sought discovery of certain documents within the files of the Revenue Cabinet. The Revenue Cabinet refused to produce the documents and Schmitt…