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As expected, a lawsuit against Shelby County resident and part-time City of Lawrenceburg attorney Robert W. Myles that was dismissed in Anderson Circuit Court has been refilled in Shelby County.
The lawsuit, filed this week in the name of Shelby County resident Diane Stucker, had claimed that a security agreement created in 2004 by Myles for Stucker and her husband inadequate for the couple to recoup more than $100,000 from the sale of livestock and other items on a 3-year balloon payment.
The case was dismissed in Anderson County by Judge Charles Hickman following a motion by Myles’ attorney, C. Gilmore Dutton III of Shelbyville.
Hickman ruled that because the transaction occurred in Shelby County and Myles lives in Shelby County, Anderson County was not the proper venue for the case.
The attorney representing the Shelby County couple, David Nutgrass, had said following the dismissal that he planned to refile in Shelby.
In the original lawsuit he filed against Myles, Nutgrass wrote that the Stuckers’ “received no proceeds from the sale of the vast majority of the personal property” sold as a “result of [Myles’] failure to exercise ordinary care in the performance of his duties.”