Published Court of Appeals appellate cases for this week –
November 20, 2015: Links are to full text of PDF decision with AOC.
919. Unemployment Benefits.
Hicks vs. Kentucky Unemployment Commission
COA Published Opinion Reversing and Remanding. Warren.
JONES, JUDGE: This appeal comes to us from the Warren Circuit Court. The Appellant, Tarsis Hicks, asserts that the circuit court erred when it affirmed the Kentucky Unemployment Insurance Commission’s decision to deny her request for unemployment benefits. For the reasons more fully explained below, we REVERSE AND REMAND.
925. Eminent domain.
Putnam and Sons, LLC vs. Paducah Independent School District
COA Published Opinion Reversing. McCracken.
JONES, JUDGE: This is a condemnation action. The Appellee, Paducah Independent School District (“District”), exercised its power of eminent domain to condemn a 2.79-acre parcel of land formerly owned by Appellant, Putnam & Sons, LLC (“Putnam”). Putnam and the District dispute the amount of compensation due to Putnam for this taking. Following a bench trial, the McCracken Circuit Court awarded Putnam $115,000. On appeal, Putnam asserts that the method employed by the circuit court to arrive at this amount was in error and amounts to an abuse of discretion. For the reasons set forth below, we reverse and remand.
930. Child custody, de facto custodians.
J0nes-Swan vs. Luther
COA Published Opinion Affirming. Hardin
JONES, JUDGE: The Appellants, Angela Jones-Swan and Charles W. Swan, request reversal of the trial court’s order overruling their petition to be declared de facto custodians of two minor children born to the Appellees, Kelly Luther (“Father”) and Michelle Luther (“Mother”). Having reviewed the record, we affirm because the Appellants cannot rely on the times during which Father and Mother were seeking custody of the children in different legal proceedings (dissolution of marriage and emergency protective order) to meet the six-month period set forth in KRS1 403.270(1)(a).
Court of Appeal’s “not to be published” decisions on Trials, torts, insurance and civil procedure from November 6, 2015, in addition to the published decision above.
921. Statute of Limitations.
Andrew Roberts vs. Daniel A. Thacker
COA NonPublished Opinion Affirming. Christian
CLAYTON, JUDGE: Andrew Roberts, pro se, appeals the Christian Circuit Court’s grant of summary judgment to Daniel A. Thacker. Since the statute of limitations had expired prior to Roberts’ original filing of the action, the grant of summary judgment was proper, and we affirm the trial court’s decision. Further, during the pendency of the appeal, Thacker moved to dismiss the current appeal, and the motion was passed to this panel for review on the merits. After careful consideration, by separate order, we deny the motion to dismiss the appeal.
Click here for links to all the archived AOC Court of Appeals minutes at the web site for the Administrative Office of the Courts.
Click here for 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).
AOC version of this week’s decisions can be accessed by clicking here.
The complete set of this week’s minutes listing all decisions (published and not to be published) with links to the full text of each at the AOC, are below following short summaries of this week’s published cases and extracts of tort, insurance and procedure cases.