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MORGAN & POTTINGER, ATTORNEYS v. BOTTS

Nos. 2009-SC-000515-TG, 2009-SC-000751-TG, 2009-SC-000818-TG.

348 S.W.3d 599 (2011)

MORGAN & POTTINGER, ATTORNEYS, P.S.C., Appellants, v. Noel Mark BOTTS, Appellee. GMAC Mortgage Corporation, Appellant, v. Noel Mark Botts, Appellee.

Supreme Court of Kentucky.

As Modified on Denial of Rehearing October 27, 2011.

Attorney(s) appearing for the Case

Calvin Ray Fulkerson, John Christian Lewis, Erin Celeste Sammons, Fulkerson, Kinkel & Marrs, PLLC, Lexington, KY, Counsel for Appellants, Morgan & Pottinger, Attorneys, P.S.C.

Richard P. Corthell, David P. Fornshell, Dinsmore & Shohl LLP, Cincinnati, OH, Jeremy Stuart Rogers, Dinsmore & Shohl LLP, Louisville, KY, Counsel for Appellant, GMAC Mortgage Corporation.

Noel Mark Botts, Harrodsburg, KY, Counsel for Appellee.

Linda Ann Gosnell, Chief Bar Counsel, Steven T. Pulliam, Deputy Bar Counsel, Kentucky Bar Association, Frankfort, KY, Counsel for Amicus Curiae, Kentucky Bar Association.

Opinion of the Court by Justice CUNNINGHAM.

In these combined cases, we are asked to determine if the absolute privilege afforded statements made in the course of a judicial proceeding applies to statements contained in an attorney disciplinary complaint.

GMAC Mortgage Corporation (hereinafter "GMAC"), through its attorney, Morgan & Pottinger, Attorneys, P.S.C. (hereinafter "Morgan & Pottinger"), filed a disciplinary complaint against Appellee, Noel...

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