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SPALDING UNIVERSITY v. MELINDA S. BOSCO BARGAS
State: Kentucky
Court: Court of Appeals
Docket No: 2005-CA-002351
Case Date: 11/30/2006
Plaintiff: SPALDING UNIVERSITY
Defendant: MELINDA S. BOSCO BARGAS
Preview:RENDERED: DECEMBER 1, 2006; 2:00 P.M.
NOT TO BE PUBLISHED

Commonwealth Of Kentucky
Court of Appeals

NO. 2005-CA-002351-MR
SPALDING UNIVERSITY APPELLANT
APPEAL FROM JEFFERSON CIRCUIT COURT
v. HONORABLE STEPHEN RYAN, JUDGEACTION NO. 05-CI-005228
MELINDA S. BOSCO BARGAS APPELLEE
OPINION AFFIRMING ** ** ** ** ** BEFORE: JOHNSON AND TAYLOR, JUDGES; BUCKINGHAM,1 SENIOR JUDGE. BUCKINGHAM, SENIOR JUDGE: On September 17, 1996, Melinda S. Bosco (now Bargas) executed a promissory note to Spalding University under the Federal Perkins Loan Program. According to the note, Bargas received a total of $3,500.00 in tuition assistance. The last advance was made to Bargas on January 21, 1998.
1 Senior Status Judge David C. Buckingham sitting as Special Judge byAssignment of the Chief Justice pursuant to Section 110 (5)(b) of theKentucky Constitution and Kentucky Revised Statutes (KRS) 21.580.
Bargas defaulted on the loan, and Spalding filed a civil action against her in the Jefferson Circuit Court on June 15, 2005. In the complaint, Spalding sought the principal owed sum of $2,497.09, plus interest of $62.12, plus collection costs of $2,709.21. Spalding made a motion for default judgment sixty days later. The trial court granted the motion on August 30, 2005, but limited the amount recovered to $2,559.21 (principal and interest) plus costs and interest.
Spalding moved to correct the judgment, asking the court to include the full amount sought for collection costs. After holding a hearing, the trial court denied the motion. This appeal by Spalding followed.
Bargas has not filed a brief. Pursuant to Kentucky Rule of Civil Procedure (CR) 76.12(8)(c)(i), we choose to
Download 2005-ca-002351.pdf

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