Premiertox 2.0 and Premiertox, Inc., Real Parties in Interest v. Hon. Vernon Miniard, Judge, Russell Circuit Court…

Summary

The Kentucky Supreme Court affirmed a writ of prohibition preventing the circuit court from ordering Kentucky Spirit to escrow approximately $1.88 million before adjudicating PremierTox's disputed payment claim. The court held that CR 67.02 did not authorize the order because Kentucky Spirit had not admitted that the funds belonged or were due to PremierTox, and that the writ prerequisites were satisfied because the escrow order effectively deprived Kentucky Spirit of its property without a merits determination and caused irreparable injury.