Cheyenne Resources, Inc. v. Elk Horn Coal Corp.

Dissenting Opinion by

Special Justice michael o. McDonald.

I am in lock step with J. Cunningham’s dissenting opinion. I additionally comment to re-emphasize that the Court of Appeals failed to exercise equity. Getty v. Getty, 793 S.W.2d 136 (Ky.App.1990), *190holds, “[Ejquity is not limited to trial court application only.... Consequently, this Court may review matters that come to us by motion, and on an ad hoc basis apply our sense of equity.” Id. at 138.

Such was not done here.

CUNNINGHAM, J., joins this dissenting opinion.