KRS 454.472: Dismissal of cause of action in whole or part.

(1) In ruling on a motion under KRS 454.464, the court shall dismiss with prejudice a

cause of action, or part of a cause of action, if:

(a) The moving party establishes under KRS 454.462(1) that KRS 454.460 to

454.478 applies;

(b) The responding party fails t o establish under KRS 454.462(2) that KRS

454.460 to 454.478 does not apply; and

(c) Either:

1. The responding party fails to establish a prima facie case as to each

essential element of the cause of action; or

2. The moving party establishes that:

a. The responding party failed to state a cause of action upon which

relief can be granted; or

b. There is no genuine issue as to any material fact and the moving

party is entitled to judgment as a matter of law on the cause of

action or part of the action.

(2) A voluntary dismissal without prejudice of a responding party's cause of action, or

part of a cause of action, that is the subject of a motion under KRS 454.464 does not

affect a moving party's right to obtain a ruling on the motion and seek costs,

attorney's fees, and expenses under KRS 454.478.

(3) A voluntary dismissal with prejudice of a responding party's cause of action, or part

of a cause of action, that is the subject of a motion under KRS 454.464 establishes

for the purpose of KRS 454.478 that the moving party prevailed on the motion.