RENDERED: SEPTEMBER 25, 2020; 10:00 A.M.

NOT TO BE PUBLISHED

Commonwealth of Kentucky

Court of Appeals

NO. 2017-CA-0077-MR

JEFF PASLEY APPELLANT

APPEAL FROM JEFFERSON CIRCUIT COURT

v. HONORABLE CHARLES L. CUNNINGHAM, JR., JUDGE

ACTION NO. 15-CI-000787

GARY BIGGS APPELLEE

OPINION

AFFIRMING

**   **  **

BEFORE: GOODWINE, K. THOMPSON, AND L. THOMPSON, JUDGES.

GOODWINE, JUDGE: Jeff Pasley (“Pasley”) appeals the Jefferson Circuit 

Court’s order granting summary judgment in favor of Gary Biggs (“Biggs”). After 

careful review of the record, finding no error, we affirm.

On February 18, 2015, Biggs filed a complaint against Pasley in the 

Jefferson Circuit Court alleging Pasley defaulted on five promissory notes. Pasley 
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answered the complaint on May 13, 2015, generally denying Biggs’ allegation. On 

June 14, 2016, the circuit court entered a show cause order as no steps had been 

taken in the case for more than six months. 

Biggs then filed a motion for summary judgment on July 12, 2016, 

arguing he established his right to recovery on the promissory notes. In support of 

his argument, Biggs provided the affidavit of his wife, Judith Ann Rosenberg, who 

handled the accounting for the loans at issue. 

Pasley responded, objecting to the motion. He argued Biggs agreed to 

accept a lesser payment to satisfy his debts, and that Biggs said, “We’re even.” 

Pasley asserted Biggs promised the loans were forgiven and then ignored his 

promise. Pasley further argued Biggs failed to participate in Pasley’s Chapter 13 

bankruptcy case, so Biggs forfeited his right to pursue the claims in circuit court. 

Pasley supported his argument with his own affidavit, providing further detail 

regarding Biggs’ alleged forgiveness of the loans. 

Biggs replied, arguing Pasley did not deny owing any of the balances 

due on the promissory notes. Biggs argued any purported release of the debts 

lacked consideration and was not valid. Biggs argued because Pasley voluntarily 

dismissed his bankruptcy action, Biggs’ failure to file a proof of claim in the case 

did not bar his claims in this action. Biggs supported his argument with his own 

affidavit, refuting material statements and allegations in Pasley’s affidavit. 
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The circuit court heard the motion on October 25, 2016, and granted 

Biggs’ motion by order entered November 21, 2016. The judgment merely stated 

there were no genuine issues of material fact, and provided the amount owed to 

Biggs for each loan. Pasley moved to alter, amend, or vacate the judgment, asking 

the circuit court to include findings of fact and conclusions of law, and reasserted 

that issues of material fact precluded summary judgment. The circuit court denied 

the motion by order entered December 12, 2016. This appeal followed. 

On appeal, Pasley argues issues of material fact exist, which 

precluded summary judgment. “Appellate review of a summary judgment involves 

only legal questions and a determination of whether a disputed material issue of 

fact exists. So we operate under a de novo standard of review with no need to 

defer to the trial court’s decision.” Shelton v. Kentucky Easter Seals Soc., Inc., 413 

S.W.3d 901, 905 (Ky. 2013) (citations omitted). 

Before we address the merits of Pasley’s claim, we note that he failed 

to “place the judgment, opinion, or order under review immediately after the 

appendix list so that it is most readily available to the court” under CR1

76.12(4)(c)(vii). Additionally, Pasley failed to include a statement of preservation 

under CR 76.12(4)(c)(v) and did not request review for palpable error under CR 

61.02. “There are rules and guidelines for filing appellate briefs. Appellants must 

 

1 Kentucky Rules of Civil Procedure.
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follow these rules and guidelines, or risk their brief being stricken, and appeal 

dismissed, by the appellate court.” Koester v. Koester, 569 S.W.3d 412, 413 (Ky. 

App. 2019) (citing CR 76.12). An appellant’s compliance with CR 76.12 allows us 

to undergo “meaningful and efficient review by directing the reviewing court to the 

most important aspects of the appeal[,] [such as] what facts are important and 

where they can be found in the record[.]” Hallis v. Hallis, 328 S.W.3d 694, 696 

(Ky. App. 2010).

Pasley’s failure to comply with this rule hinders our ability to review 

his arguments. See id. at 695-97. “Our options when an appellate advocate fails to 

abide by the rules are: (1) to ignore the deficiency and proceed with the review; 

(2) to strike the brief or its offending portions, CR 76.12(8)(a); or (3) to review the 

issues raised in the brief for manifest injustice only[.]” Id. at 696 (citation 

omitted). Because Pasley’s brief fails on the merits, we ignore the deficiency and 

proceed with the review of his claim.

Furthermore, Pasley’s argument is conclusory. Although Pasley “is 

obviously dissatisfied with the trial court’s decision, threadbare recitals of the 

elements of a legal theory, supported by mere conclusory statements, form an 

insufficient basis upon which this Court can grant relief.” Jones v. Livesay, 551 

S.W.3d 47, 52 (Ky. App. 2018); see Prescott v. Commonwealth, 572 S.W.3d 913, 

923 (Ky. App. 2019). Apart from reciting applicable law regarding the standard 
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for summary judgment, Pasley fails to assert any material issues of fact precluding 

summary judgment. We will not scour the record to construct Pasley’s argument 

for him. 

Ignoring these deficiencies, Pasley’s appeal fails on the merits. Biggs

argues Pasley failed to prove the alleged release from the promissory notes was 

valid. “As with any valid contract, however, a release must be supported by

valuable consideration.” Waddle v. Galen of Kentucky, Inc., 131 S.W.3d 361, 365 

(Ky. App. 2004) (citing Brown v. Kentucky Lottery Corp., 891 S.W.2d 90, 92 (Ky. 

App. 1995)); see also Grass v. Akins, 368 S.W.3d 150, 153 (Ky. App. 2012). 

Pasley argues Biggs told him, “We’re even,” but Pasley failed to show the 

purported release was supported by any consideration. As such, the circuit court 

correctly found there were no genuine issues of material fact. 

For the foregoing reasons, we affirm the Jefferson Circuit Court’s 

summary judgment. 

ALL CONCUR.

BRIEF FOR APPELLANT:

Jeffrey W. Pasley, pro se

Louisville, Kentucky

BRIEF FOR APPELLEE:

Michael R. Gosnell

Louisville, Kentucky