COA: October 2017 Oral Argument Calendar for Court of Appeals

Click here for a complete list of our posts for COA Arguments and here for those for SCOKY. And here is a link to the AOC page containing their index to all Court to Appeal oral argument calendars. with names, litigants, issues, and the dates/times/locations for each argument – Oral Arguments Calendar.

October2017

SC: September 2017 Grants of Discretionary Review by the Supreme Court of Kentucky (MDRs)

Court Orders Granting Motions for Discretionary Review – Sept. 20, 2017

  • SAMEENA AZMAT, AS MOTHER AND NEXT FRIEND OF NAUSHER AZMAT V. GEORGE W. BAUER, M.D., III, ET AL.
    2016-SC-000560-DG HARDIN
  •  COMMONWEALTH OF KENTUCKY V. JOHNNIE DOUGLAS
    2017-SC-000024-DG JEFFERSON
  •  BETH LEWIS MAZE, ET AL. V.  BOARD OF DIRECTORS FOR THE COMMONWEALTH POSTSECONDARY EDUCATION PREPAID TUITION TRUST FUND (CUNNINGHAM, J., NOT SITTING.
    2017-SC-000233-DG FRANKLIN
  •  CINDY MUNCIE, ET AL. V. PATRICIA WEISEMAN
    2017-SC-000235-DG OLDHAM
  • PHYLLIS ROACH V. KENTUCKY PAROLE BOARD, ET AL. KENTUCKY BOARD OF MEDICAL  LICENSURE V. JON M. STRAUSS, M.D.
    2017-SC-000260-DG JEFFERSON
  •  KAREN MARTIN DOYLE, N/K/A KAREN MARTIN BRADLEY V. JAMES SAMUEL DOYLE, A/K/A SAM DOYLE
    2017-SC-000358-DGE KNOTT
  •  LAURA FAYE SMITH V. JIMMY HOWARD MCGILL, JR.
    2017-SC-000395-DGE JEFFERSONCourt Orders Granting Motions for Discretionary Review – Sept. 21, 2017
  •  THE TRAVELERS INDEMNITY COMPANY V. CHARLES ARMSTRONG, ADMINISTRATOR, ETC. 2017-SC-000041-DG WARRENANDMARTIN CADILLAC, INC., ETC. V.CHARLES ARMSTRONG, ADMINISTRATOR, 2017-SC-000042-DG WARRENMINTON, C.J.; CUNNINGHAM, KELLER, VENTERS, WRIGHT, JJ., AND DAVID ROYSE AND JUSTIN D. CLARK, SPECIAL JUSTICES, SITTING. HUGHES AND VANMETER, JJ., NOT SITTING.Here is the compiled list of pending discretionary reviews granted up through August 2017.  September MDRs are not yet included, and those decisions included in the September Minutes have yet to be removed.  When SCOKY updates this list we will post it.For case information, here is the link to the search page.  You will also be able to follow and look up the underlying case information with a link to the COA decision, if there is one, using the search function for the COA.
  • Link to SCOKY Case Info
  • Link to COA Case Info
2017.08.16.DiscretionaryReview

SC: Attorney Discipline Matters for September 28, 2017

COA: September 29, 2017 Court of Appeals Decisions (Minutes)

Nos. 817-832: 16 Decisions Posted with a five decisions designated 'to be published' with links to full text of each decision

PUBLISHED DECISIONS:

818.  Family Law.
Lewis v. Fulkerson
Family court abused its discretion and committed reversible error when it did not allow attorney who drafted the trust instrument in question to testify when determining whether there was an inter vivos gift from the husband/father to wife/motherLaura of the $1,700,000 LRF Trust corpus.

820.  Family Law. Maritial property division affirmed. Remand on visitation.
Miranda v. Miranda

829.
S.(R.) v. Commonwealth of Kentucky, Cabinet for Health and Family Services

831.  Interlocutory Appeal.  Arbitration agreement not waived.
Wellcare Health Ins. of Kentucky, Inc. v. Trigg County Hospital
WellCare Health Insurance Company of Kentucky, Inc., has taken an interlocutory appeal from circuit court order denying its request to enforce an arbitration agreement between it and Trigg County Hospital, Inc. Because we agree that WellCare did not waive its right to invoke or enforce the arbitration agreement and that, accordingly, the circuit court erred as a matter of law in denying the motion to dismiss, we reverse.

832.  Interpersonal Protective Order (IPO). Held the trial court’s findings of fact were clearly erroneous and application of law was flawed, we reverse.
Halloway v. Simmons

Selected cases that were not designated for publication in tort, insurance and civil law.

None.

MNT09292017

For links to all our posts on the minutes of the Court of Appeals, then click here.

For the index to archived minutes at the official AOC page, then click here.

For more information on unpublished decisions and obtaining case information, then continue reading below the fold.

SC: September 28, 2017 Decisions of the Supreme Court of Kentucky (Minutes)

Nos. 116-135 with 12 decisions "published"

Some Published Decisions from Sept. 28, 2017:

117.  Immunity. Denial of Summary Judgment. Claim of Governmental Immunity of tort claims.
Board of Trustees  of the Kentucky School Boards Ins. Trust v. Pope

119.  Workers Compensation.  Notice. KRS 342.135. Service of a claim upon an employer.
Uninsured Employers Fund v. Acahua

121.  Nuisance. Trespass. Injunctive Relief. State Law Tort Claims. Preemption.
Brown-Forman  Corporation v. Miller

122.  Open Meetings. Issues include applicability of the KRS 61.810(1)(b) exception regarding “deliberations on the future acquisition . . . of real property” in circumstances involving bidding at public auction.
Board of Commissioners of City of Danville v.  Advocate Communications

Attorney Discipline September 28, 2017:

Court Orders Granting Motions for Discretionary Review – Sept. 20, 2017

  • SAMEENA AZMAT, AS MOTHER AND NEXT FRIEND OF NAUSHER AZMAT V. GEORGE W. BAUER, M.D., III, ET AL.
    2016-SC-000560-DG HARDIN
  •  COMMONWEALTH OF KENTUCKY V. JOHNNIE DOUGLAS
    2017-SC-000024-DG JEFFERSON
  •  BETH LEWIS MAZE, ET AL. V.  BOARD OF DIRECTORS FOR THE COMMONWEALTH POSTSECONDARY EDUCATION PREPAID TUITION TRUST FUND (CUNNINGHAM, J., NOT SITTING.
    2017-SC-000233-DG FRANKLIN
  •  CINDY MUNCIE, ET AL. V. PATRICIA WEISEMAN
    2017-SC-000235-DG OLDHAM
  • PHYLLIS ROACH V. KENTUCKY PAROLE BOARD, ET AL. KENTUCKY BOARD OF MEDICAL  LICENSURE V. JON M. STRAUSS, M.D.
    2017-SC-000260-DG JEFFERSON
  •  KAREN MARTIN DOYLE, N/K/A KAREN MARTIN BRADLEY V. JAMES SAMUEL DOYLE, A/K/A SAM DOYLE
    2017-SC-000358-DGE KNOTT
  •  LAURA FAYE SMITH V. JIMMY HOWARD MCGILL, JR.
    2017-SC-000395-DGE JEFFERSON 

    Court Orders Granting Motions for Discretionary Review – Sept. 21, 2017

  •  THE TRAVELERS INDEMNITY COMPANY V. CHARLES ARMSTRONG, ADMINISTRATOR, ETC. 2017-SC-000041-DG WARRENANDMARTIN CADILLAC, INC., ETC. V.CHARLES ARMSTRONG, ADMINISTRATOR, 2017-SC-000042-DG WARRENMINTON, C.J.; CUNNINGHAM, KELLER, VENTERS, WRIGHT, JJ., AND DAVID ROYSE AND JUSTIN D. CLARK, SPECIAL JUSTICES, SITTING. HUGHES AND VANMETER, JJ., NOT SITTING.

Court Orders Dismissing:

MATTHEW G. BEVIN, IN HIS OFFICIAL CAPACITY AS GOVERNOR OF THE COMMONWEALTH OF KENTUCKY V.  ANDY BESHEAR, IN HIS OFFICIAL CAPACITY AS ATTORNEY GENERAL OF THE COMMONWEALTH OF KENTUCKY

We granted transfer from the Court of Appeals of Governor Matthew G. Bevin’s appeal from the circuit court’s final judgment and grant of permanent injunctive relief. The circuit·court sustained the Attorney challenge to ”’ the Governor’s. authority under Kentucky Revised Statute (KRS) 12.028 to abolish and reorganize the University of Louisville Board of Trustees and permanently enjoined the Governor from implementing the Executive Orders issued June 17, 2016, in connection with his effort. After thorough review of the briefs and an oral argument, we hold that intervening statutory law enacted by the General. Assembly has rendered moot . the legal issues decided by the Circuit court. We dismiss the appeal and.remand the case to the circuit court with directions to dismiss the complaint with prejudice. 

ALL SITTING. ALL CONCUR.

ENTERED: SEPTEMBER 28, 2017. 2016-SC-000642-TG FRANKLIN  TO BE PUBLISHED

MNT092017

 

COA: September 22, 2017 Court of Appeals Decisions (Minutes)

Nos. 798-816: 19 Decisions Posted with a SIX decisions designated 'to be published' with links to full text of each decision

PUBLISHED DECISIONS:

798.  Arbitration.   Nursing home.  Ping v. Beverly Enterprises issue.
GENESIS HEALTHCARE LLC V. ESTATE OF REBA KATHRYN PRICE
Affirmed denial of nursing facility’s motion to compel arbitration since power of attorney contained no valid arbitration provision.

800. Arbitration.   Nursing home.  Ping v. Beverly Enterprises issue.
PREFERRED  CARE PARTNERS V. ESTATE OF JOHN D. CLEMONS
Affirmed denial of motion to arbitrate wrongful death claim against nursing home.  Had all of the legal beneficiaries of the estate executed the arbitration agreement at issue in this case at the time of his admission or during his residency at the nursing home, then the outcome of this case could be different. However, until the Kentucky Supreme Court directs otherwise, we are duty bound to follow existing Kentucky precedent pursuant to Rules of the Supreme Court 1:030(8), and therefore affirm the Powell Circuit Court’s Order denying appellants’ motion to arbitrate the underlying wrongful death claim in this case.

801.  Criminal Law. Double Jeopardy.
Culver v. Commonwealth of Kentucky

805.  Statute of Limitations on personal injury claim against builder for negligent design.  Premises liability against owner and duty of care when not know violation of building codes
Breedlove v. Smith Custom Homes, Inc.
T
here is no evidence that the property owner knew the steps did not comply with the building code based upon the home inspections issuance of the certificate of occupancy, that they created an unsafe condition, or that the steps constituted an unreasonable risk of which Breedlove should have been warned as an invitee.

811.  Criminal Law.  Affirmed suppression of evidence motion.
Jackson v. Commonwealth of Kentucky

815.  Family Law. Termination and adoption. Right to appointed counsel for minor.
S.(S.) v. Commonwealth of Kentucky
We agree with S.S. that the trial court clearly erred in finding that it lacked authority to appoint counsel for her in this proceeding. Hence, we must vacate the termination and adoption judgments, and remand for additional proceedings, including appointment of counsel if appropriate.

Selected cases that were not designated for publication in tort, insurance and civil law.

None.

MNT09222017

For links to all our posts on the minutes of the Court of Appeals, then click here.

For the index to archived minutes at the official AOC page, then click here.

For more information on unpublished decisions and obtaining case information, then continue reading below the fold.

COA: September 15, 2017 Court of Appeals Decisions (Minutes)

Nos. 779-777: 19 Decisions Posted with a WHOPPING EIGHT decisions designated 'to be published' with links to full text of each decision

PUBLISHED DECISIONS:

779.  Criminal Law.  Vacated and remanded holding that criminal defendant was effectively without counsel in asserting his motion to withdraw his guilty plea.
Sturgill v. Commonwealth of Kentucky

781  Immunity.  Affirmed circuit court order that at this point in the litigation when no discovery has taken place, dismissal based on immunity is not appropriate.
University of Kentucky. City of Owenton, Ky

784.   Condemnation.  Reversed and remanded order of circuit court in favor of LFUCG.  Held LFUCG did not have right to condemn a portion of appellant’s property, creating a permanent easement for the construction of a large box culvert and drainage system.
Moore v. Lexington-Fayette Urban County Government

787.  Attorney fees and court costs.  Affirming Family Court order that appellant not entitled to indemnity and reimbursement from husband for litigation filed against her by PNC Bank, along with payment for her attorney’s fees.
Callahan v. Callihan

789.  Class Action.  Vacating and Remanding.  Circuit court’s class certification held deficient under CR 23.01, CR 23.02, and CR 23.03.
United Propane Gas Inc v. Purcell

 794.  Criminal Law.  Affirmed conviction and sentence of six years’ imprisonment for Possession of a Firearm by a Convicted Felon.
Sheets v. Commonwealth of Kentucky 796. Status Offense Juvenile.  Since likely to be repeated matter was not moot when child turned 18 during pendency of appeal.  Vacated Carter Family Court’s order finding John to be a status offender for failure by the CDW to follow proper procedure to confer the court with subject matter jurisdiction.
S.(J), Child Under Age Eighteen v. Commonwealth of Kentucky 

797.  Class Actions.  Vacate and remand interlocutory appeal of Nebraska Alliance Realty Company (“NARC”) finding the trial court erred by failing to make all the required findings pursuant to CR 23.
Nebraska Alliance Realty Company v. Brewer

Selected cases that were not designated for publication in tort, insurance and civil law.

785.  Interlocutory appeal of immunity ruling.  Held circuit court does not conclusively determine any disputed question, resolve any right, or otherwise provide this Court with anything to review where its interlocutory order denies a claim of immunity, or any other kind of claim, on the basis that in its view further discovery is needed, or genuine facts remain. Here, the circuit court did not make a finding as a matter of law on the issue of qualified immunity, which we could review. Rather, the circuit court found that there are genuine issues of material fact, making this appealed order interlocutory, which we cannot review. We have repeatedly held that such interlocutory orders are not appealable under any exception, and thus not subject to the jurisdiction of this Cour
Hembree v. Bowman

791.  Medical negligence.  Delayed diagnosis.  Affirmed lower court and rejected patient’s argument that Appellee’s delay in diagnosing her breast cancer resulted in a less optimistic prognosis, that this prognosis supports a claim for damages arising from mental anguish and emotional distress.
Ingram v. Radiology Associates of Northern Kentucky PLLC

MNT09152017

 

For links to all our posts on the minutes of the Court of Appeals, then click here.

For the index to archived minutes at the official AOC page, then click here.

For more information on unpublished decisions and obtaining case information, then continue reading below the fold.

Give for Good Louisville on Sept. 14 (All Day Thursday) — Jefferson County Public Law LibraryPlease consider a donation of $10 or more for

Donate a minimum of $10 and the law library has a chance for bonus dollars through the Community Foundation of Louisville

THANKS TO ALL WHO HELPED US RAISE OVER $3,000 FROM THIS YEARS GIVE FOR GOOD LOUISVILLE CAMPAIGN FOR 2017!

 

The Friends of the Jefferson County Public Law Library will be participating in this year’s Give for Good Louisville!

The Friends is a charitable non-profit organization which supports the Jefferson County Public Law Library  I understand times are lean, but the law library depends on your support to help it provide one of the best deals you will ever find practicing law.  Free facility and legal research materials.

The Friends of the Jefferson County Public Law Library is a non-profit corporation consisting of lawyers and members of the public whose sole purpose is to support and supplement the legal research and financial needs of the Jefferson County Public Law Library .   The law library’s legal research materials (books and on-line) is available to the public at no cost.  The Library is conveniently located in downtown Louisville in the second floor.  Go to the law library’s web site for a tour.  Quite impressive.

The library depends on court filing feels to provide the public (lawyers and non-lawyers) these free legal research materials on computer and books.   But, with filing fees down, we can’t emphasize how much we need and can use your help to keep providing the best in legal research.   And all of it is free.  Therefore, must ask the public and the attorneys for their financial help.

Donations can be as small as $10.  And would so very much be appreciated.

This is a special day of giving to local nonprofits.  If you make a donation of $10 or more at anytime on Thursday, September 14th, your donation can make the Friends organization eligible for bonus dollars through the Community Foundation of Louisville.

Please consider supporting this worthwhile organization that strives to provide up to date legal information to everyone in the community and reaches out to help the public know their rights and to engage in dialogue with the community about various local and legal issues.  Tomorrow, September 14th, please click on the following link to support the Friends of the Jefferson County Public Law Library.

https://www.giveforgoodlouisville.org/organizations/friends-of-the-jefferson-county-public-law-library