Kentucky

Std. of Review: Statutory construction

By Michael Stevens

Matters of statutory construction are subject to de novo review and this Court is not bound by the trial court?s interpretation. Halls Hardwood Floor Co. v. Stapleton, 16 S.W.3d 327, 330 (Ky. App. 2000).    However, when there are questions of fact, or mixed questions of law and fact, we review the trial court?s decision pursuant to the clearly erroneous standard. Moore v. Asente, 110 S.W.3d 336, 354 (Ky. 2003). Under this standard, this Court will only set aside the findings of fact of the trial court if those findings are clearly erroneous. The dispositive question is whether the findings are supported by substantial evidence. Id.

CARDIOVASCULAR SPECIALISTS, P.S.C.
VS.
NICHOLAOS XENOPOULOS, M.D.
OPINION VACATING AND REMANDING
KELLER (PRESIDING JUDGE)
STUMBO (CONCURS) AND MOORE (CONCURS IN RESULT ONLY)
2009-CA-001442-MR
TO BE PUBLISHED
JEFFERSON

Full post as published by Kentucky Cases on December 21, 2010 (boomark / email).