Click here for links to all the archived AOC Court of Appeals minutes at the web site for the Adminisrative Office of the Courts.
Click here for all of a listing of the Kentucky Court Report’s posts of the weekly COA minutes (or you can always access these within the KCR web site at the uppermost dropdown menu option for the Court of Appeals).
For the complete set of this week’s minutes listed all decisions (published and not to be published) with links to the full text of each at the AOC, the continue reading below the digested summaries of this week’s published cases.
Published appellate cases for week of Mar. 27, 2015:
248. Real Property, Construct trust and Equitable Relief Discussed but no fraud found
Mont Jack Hammonds v. Clyde Jason Hammond
COA Published, Reversing and Remanding from Martin Cir Ct.
LAMBERT, J., JUDGE: Mont “Jack” Hammond appeals from the Martin Circuit Court’s judgment in favor of the Appellees, Clyde Hammond, Ashley Hammond, Clyde Hammond, Jr., and Tammy Hammond. The court’s judgment declined to impose a constructive trust or other equitable relief in favor of Jack regarding a tract of land. After careful review, we reverse the trial court’s judgment.
256. Loss of Benefits for Lying on Application for Unemployment Benefits Even if False Statement was Immaterial
Taffy Downey vs. Kentucky Unemployment Commission
COA Published, Affirming decision from Warren Cir. Ct.
VANMETER, JUDGE: By statute, an employee who makes false statements in an application for unemployment benefits is disqualified from eligibility to receive those benefits. The issue presented in this case is whether an employee who made false statements to establish her right to benefits is disqualified even if the false statements were ultimately immaterial to the determination of entitlement to benefits. We hold that because the statute is clear and unambiguous and the decision of the Kentucky Unemployment Insurance Commission is supported by substantial evidence, the Warren Circuit Court did not err in affirming the employee’s benefit denial.
264. Family Law, Child Support and Medical Expenses Continue When Minor reaches majority because he remained in high school
Tami Leigh Mix vs. Brett Petty
COA Published Affirming in Part, Reversing in Part and Remanding back to Jefferson Cir. Ct.
LAMBERT, J., JUDGE: Tami Leigh Mix has appealed from the orders of the Jefferson Family Court terminating Brett Petty’s obligation to pay child support and medical expenses for their son as of May 30, 2014. She contends that these obligations should have continued for an additional six months pursuant to Kentucky Revised Statutes (KRS) 403.213(3) because their son remained a high school student after he reached the age of emancipation. Because we agree with Tami that the family court erred as a matter of law in assigning May 30, 2014, as the end of the school year, we affirm in part and reverse in part.
No tort, insurance or civil decisions.