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Fischer v. Fischer

Citations

  • 348 S.W.3d 582
  • 2011 WL 1087156

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that an unwritten agreement to devise an estate including real estate and personal property was unenforceable in its entirety
  • noting that a cross-motion is required for discretionary review of that portion of the Court of Appeals’ opinion that aggrieves the appellee, i.e., denies relief or imposes a burden
  • noting that palpable error is an exception to the can-of-worms rule
  • “The rule in Kentucky is that any agreement involving real property must be reduced to writing to be enforceable.”
  • abrogated on other grounds by Nami Resources Company, L.L.C. v. Asher Land and Mineral, Ltd., 554 S.W.3d 323 (Ky. 2018)
  • “But when an appellate court determines to reverse a trial court, it cannot do so on an unpreserved legal ground unless it finds palpable error, because the trial court has not had a fair opportunity to rule on the legal question.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Noble, Minton, Abramson, Cunningham, Venters, Schroder, Scott

Read full opinion on CourtListener

Cited by

35 cases in this archive cite this case; the 20 most cited are listed.

Cites

45 cases in this archive are cited by this case; the 20 most cited are listed.

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