Kentucky

Std. of Review: Of circuit court judge (bench trial) findings of fact and law

By Michael Stevens

This case was tried without a jury, the circuit judge acting as fact-finder. An appellate court will set aside a circuit court?s findings of fact only if those findings are clearly erroneous. CR 52.01. In sum, only if reasonable minds could not differ with Javier?s contention that it was not overpaid will we set aside the circuit court?s findings of fact on this point. Legal conclusions, however, are subject to de novo appellate review. ?Questions of law are reviewed anew by this Court.? Daniels v. CDB Bell, LLC, 300 S.W.3d 204, 210 (Ky. App. 2009). The theory of unjust enrichment is an equitable doctrine, Dodson v. Key, 508 S.W.2d 586 (Ky. 1974), and the application -5- of an equitable doctrine to the facts of a case is a question of law. Daniels, 300 S.W.3d at 210. Therefore, the question as to whether Javier was unjustly enriched will be ?reviewed anew by this Court.? Id. at 209.

From:

47. UNJUST ENRICHMENT
JAVIER STEEL CORPORATION
VS.
CENTRAL BRIDGE COMPANY, LLC.
OPINION AFFIRMING
ACREE (PRESIDING JUDGE)
HENRY (SENIOR STATUS JUDGE) (CONCURS) AND ISAAC (SENIOR STATUS JUDGE)(CONCURS)
2009-CA-002124-MR
TO BE PUBLISHED
JEFFERSON
1/14/2011

Full post as published by Kentucky Cases on January 17, 2011 (boomark / email).