Stephen Keller and Mark Roth Secure Victory for Client at Court of Appeals

On November 8, 2024, Stephen Keller and Mark Roth secured a victory at the Kentucky Court of Appeals on behalf of a homeowners’ association (HOA) client. The matter arose when Plaintiff filed suit in circuit court alleging that the HOA had wrongfully removed him from his seat on the HOA Board.  During proceedings in the trial court, however, Plaintiff failed to participate in the discovery process which prompted multiple motions to compel.  Eventually, the HOA moved to dismiss Plaintiff’s Complaint for failure to prosecute.  The trial court granted the motion and Plaintiff appealed.  The Court of Appeals reviewed the record and concluded that the trial court had not abused its discretion when terminating the case.