concurring in part and dissenting in part.
I concur with the Majority’s Opinion affirming the Fayette Circuit Court, but I respectfully dissent as to the denial of sanctions. I believe this appeal is frivolous in that it is so totally lacking in merit that it appears to have been taken in bad faith and sanctions are justified. Kentucky Rules of Civil Procedure (CR) 73.02(4); and Leasor v. Redmon, Ky., 734 S.W.2d 462 (1987).