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RENDERED:  MAY 15, 2009; 10:00 A.M.
NOT TO BE PUBLISHED

Commonwealth of Kentucky
Court of Appeals

NO. 2008-CA-001386-MR LAWANA KENNARD APPELLANT
APPEAL FROM JOHNSON CIRCUIT COURT
v. HONORABLE JOHN DAVID PRESTON, JUDGE ACTION NO. 07-CI-00262
JAMES BURKETT AND BRENDA BURKETT APPELLEES
OPINION REVERSING AND REMANDING ** ** ** ** ** BEFORE: LAMBERT, MOORE, AND VANMETER, JUDGES. LAMBERT, JUDGE:  Lawana Kennard appeals from the dismissal of her suit against James and Brenda Burkett for fraudulent misrepresentations in the disclosure statement on a sale of real property.  For the reasons herein, we reverse and remand.   In August 2006, Lawana purchased property from the Burketts for $82,000.00. In 2007, she brought suit against the Burketts, alleging that she relied
on material misrepresentations in a disclosure statement that was expressly

incorporated as a warranty into the sales agreement.  After the suit was filed, Lawana sold the property to a third party for $60,000.00.  The trial court subsequently dismissed the action for failure to reserve the claim in the conveyance to the third party.  This appeal followed.
The trial court asserted that

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Kentucky Law