...appeals from the Jefferson Circuit Court's order granting Mark Handy's motion to dismiss Shaw's complaint pursuant to Kentucky Rule of Civil Procedure (CR) 12.02(f). We affirm...failed to state a claim of action upon which relief can be granted (CR 12.02(f)) and that she had filed her action outside the one-year statute of limitations enunciated in...review dismissals under CR 12.02(f) de novo. Morgan & Pottinger, Attorneys, P. S. C. v...

...Kentucky Rules of Civil Procedure (CR)12.02(f) and 12.03 motion to dismiss the complaint. After careful review, we affirm the decision...record. Gorman responded to the Complaint with a motion to dismiss it under CR 12.02(f) and CR 12.03. In the motion, he first pointed out that in Section 5.5 of the Purchase Agreement.... Wilson, 95 S.W.3d 875, 883-84 (Ky. App. 2002) (internal quotation marks and footnotes omitted). An appella...

.... The sole issue we need address to resolve this appeal is whether the trial court proceeded properly in dismissing the complaint. We believe it did not. CR 12.02 sets out seven specific defenses which "may at th...a trial court refrain from dismissing a complaint for failure to state a claim unless it is brought to its attention by way of pleading or motion to dismiss as set forth in CR 12.02. If, however, a...process. That these are minimal requirements is recognized by CR 12.04 which specifically requires a hearing on motions for "relief enumerated in Rules 12.02 and 12.03...

...Louisville/Jefferson County Metro Government (Louisville Metro), presumably dismissed pursuant to Kentucky Rules of Civil Procedure (CR) 12.02(f). For the reasons stated, we vacate and remand with directions.... Then, on August 16, 2018, Louisville Metro filed a motion pursuant to CR 12.02(f) to..., 2018, pursuant to CR 12.02(f), asserting that the complaint failed to state a cause of action for which relief could be granted. As noted, the motion to dismiss did not reference the...

...Jefferson Circuit Court erroneously dismissed Appellant Marc Hardin's complaint under Kentucky Rule of Civil Procedure (CR) 12.02(f) for failing to state a claim upon which relief may be... When reviewing appeals of CR 12.02(f) dismissals, we take as true the allegations contained in the complaint. Accordingly, we narrate the contents of Hardin's complaint as if...lawsuit pending LEAP's decision. The circuit court denied Hardin's motion. Appellees then filed a CR 12.02(f) motion with the circuit court to dismiss Hardin's complaint for failure...

...opinion accordingly. Ritescreen filed a motion to dismiss under Kentucky Rules of Civil Procedure (CR) 12.02(f), contending Colin's parents had failed to state a claim upon...of the screen, and because the design of the product was not defective. Colin's parents responded by filing a motion to convert the CR 12.02(f) motion to a summary judgment motion...motion to dismiss and that Ritescreen had accepted the allegations of the complaint as true. Ritescreen then urged the court to apply the CR 12.02(f) standard. Ritescreen argued not only that the court...

...dismiss for failure to state a claim upon which relief could be granted. Kentucky Rules of Civil Procedure (CR) 12.02(f). By order entered March 19, 2015, the circuit court granted the motion and dismissed...the action under CR 12.02(f) without the necessity of an evidentiary hearing. This pro se appeal follows. Dyer contends that the circuit court erred by dismissing his tort...claims against appellees per CR 12.02(f). In particular, Dyer asserts that appellees breached ministerial duties imposed under CPP 15.6 and that Dyer suffered injury as a result. Citing to Yanero...

..., appeals the Jefferson Circuit Court order granting Appellees' CR 12.02(f) motion to dismiss for failure to state a claim.... Kentucky Rules of Civil Procedure. BACKGROUD We note at the ou.... Kentucky Revised Statutes. Pursuant to CR 12.02(f)...

...should have proceeded by Motion to Dismiss for Failure to State a Claim under CR 12.02(f). If he believed that the claim was "so vague or ambiguous" that he could not reasonably respond, he...should have filed a Motion for More Definite Statement under CR 12.05. He has done neither. But he has succeeded in this case in making a CR 12.02(f) motion or, worse yet, in filing an old...fashioned demurrer via CR 60.02. The grounds for setting aside a final judgment under CR 60.02 require a great deal more than is required by a motion to dismiss under CR 12.02. The...

...Technologies, LLC's complaint for failure to state a claim upon which relief may be granted under Kentucky Rules of Civil Procedure (CR) 12.02(f). We find no error and affirm..., Robertson filed a CR 12.02(f) motion to dismiss for failure to state a claim. The circuit court granted that motion in an order entered on August 13, 2013. Its reasoning was two-fold. First, the...granted Robertson's CR 12.02(f) motion to dismiss Garlock's complaint for failure to state a claim. We review dismissals under CR 12.02(f) ...

... pursuant to Kentucky Rules of Civil Procedure (CR) 12.02(f). We find no error and affirm...complaint leading to a slight delay in the proceedings. On October 22, 2018, Appellee filed a motion to dismiss the complaint pursuant to CR 12.02(f). One of the arguments raised in...the present dispute, the Court will not consider it and will therefore treat IKO's Motion as one for dismissal under CR 12.02(f). ...

.... Coldstream promptly moved to dismiss the counterclaim pursuant to CR 12.02(f). In its memorandum, it argued that the facts as alleged did not support Mitchell's counterclaim and that Mitchell had... COMBS, Judge: Appellant, Timothy Mitchell, appeals from an order of the Fayette Circuit Court pursuant to Kentucky Rule(s) of Civil Procedure (CR...) 12.02(f) dismissing on the pleadings his counterclaims against his former employer, Coldstream Laboratories, Inc. Mitchell contends that the court erred...

...filed a motion pursuant to CR 12.02(c) for a change of venue as the Board's principal office was located in Madison County. The motion for change of venue was granted, and the matter was transferred from Bullitt Circuit Court to Mad...now contends the Madison Circuit Court erred by dismissing his complaint pursuant to CR 12.02(f) for failure to state a claim upon which relief could be granted. Specifically, Harrington asserts the...CR 12.02(f) "unless the pleading party appears not to be entitled to relief under any state of facts which could be proved in support of his claim." Certain Underwriters at Lloyd's, London...

...dismissing appellant's action for failure to state a claim. Kentucky Rules of Civil Procedure (CR) 12.02 (f). The facts are these: Gary T. Hubbuch was injured on the slopes of Paoli...." Upon motion of Marine Sales, the trial court dismissed Heimbrock's claim under CR 12.02 (f). It is from this order that Heimbrock...in dismissing the complaint under CR 12.02 (f). For the foregoing reasons, the judgment of the Jefferson Circuit Court is affirmed. All concur. ...

...sua sponte dismissed the petition pursuant to CR 12.02(f), on the basis that it failed to state a claim for which relief could be granted...complaint filed by prison inmates for failure to state a claim, pursuant to CR 12.02(f), when no answers had been filed, no motion for dismissal had been made, and neither notice nor a hearing had been...complaint for failure to state a claim unless it is brought to its attention by way of pleading or motion to dismiss as set forth in CR 12.02. If, however, a trial court is so inclined to dismiss sua sponte, we believe i...

...CR 12.02(f) motion. The Estate also argues, for the first time, that the statute of limitations did not lapse, but should have been tolled as a matter of...). Here, the court properly considered CorrectCare's CR 12.02(f) motion. Unlike a CR 8.03 pleading, which requires a preceding pleading, ...may be made "at the option of the pleader." CR 12.02. The court also properly evaluated the Estate's complaint in light of the aforementioned standard of review. The complaint, which...

...assets" against Appellees pursuant to Kentucky Rule of Civil Procedure (CR) 12.02(f) for failing to state a claim upon which relief may be granted. We conclude that it did not. Accordingly, we affirm...future. We now turn to the merits of the case. When reviewing appeals of CR 12.02(f) dismissals, we take as true the allegations contained in the complaint. In that...litigating parties - final and appealable in certain circumstances). We review dismissals under CR 12.02(f) de novo. Morgan & Pottinger...

...could be granted per Kentucky Rules of Civil Procedure (CR) 12.02(f). We affirm. On December 18, 2007, Brewer was convicted...dismiss under CR 12.02(f). The Commonwealth argued that KRS 439.3401 was not in conflict with KRS...to dismiss under CR 12.02(f) is proper where "the pleading party would not be entitled to relief under any set of facts which could be proved in support of his claim." Pari-Mutuel...

...upon which relief can be granted pursuant to CR 12.02(f). The Motion was heard on June 22, 2016. By an order entered on June 23, 2016, the...Appellees. Mensa properly filed a pre-answer motion under CR 12.02(f). That rule provides in relevant part: Every defense, in law or fact, to a claim for...before pleading if a further pleading is permitted. (Emphasis added.) We find no error in the circuit court's granting Appellees' CR 12.02(f) Motion. The standard...

...failure to state a claim under CR 12.02(f). Kentucky Rules of Civil Procedure...CR 12.02(f) de novo. Fox v. Grayson, 317 S.W.3d 1, 7 (Ky. 2010). We also review constitutional questions.... CR 12.02(f). III. CONCLUSION For the foregoing reasons, we hereby affirm the decision of the Franklin Circuit Court...