Published Court of Appeals appellate cases for this week – September11, 2015: Links are to full text of PDF decision with AOC. 769. Revenue and taxation. Ad valorem taxation applies with planning commission not yet...
Read MoreFord Contracting, Inc. v. Kentucky Transportation Cabinet COA PUB 2/7/2014 ACREE, CHIEF JUDGE: Ford Contracting, Inc. appeals the February 21, 2012 order of the Franklin Circuit Court reversing in part and affirming in part the...
Read MoreOhio Cas. Ins. Co. v. City of Providence, COA, NPO 11/16/2012 As a general matter, “this court is required to raise a jurisdictional issue on its own motion if the underlying order lacks finality.” Tax Ease Lien Investments 1,...
Read MoreThis nonpublished decisions addresses failure to preserve error and raise it on appeal for the first time: Grant v. Warren County, COA, NPO, 8/10/2012 As a general rule, a party is not permitted to raise an issue for the first...
Read MoreThe following decision summarizes the law regarding appeal of summary judgment ruling. Although not an issue presented, we clarify a procedural point. A denial of summary judgment is generally interlocutory and not appealable....
Read MoreFeb. 24, 2012 COA Minutes — Nos. 195-225 (31 decisions; 6 published) Click on the above link for the full text of minutes...
Read MoreThe following published decision addresses the failure to preserve error on appeal relative to instructions. The issues surrounded preserving the error, manifest injustice; within the context of unjust enrichment and...
Read MoreFrom Gallien v. Kentucky Board of Medical Licensure, COA, Published, 3/25/2011 In this case, the Order of Suspension was mailed to Appellant on April 25, 2007. However, she did not file her petition for judicial review...
Read MoreAn appeal of an order confirming or denying confirmation of anarbitration award is specifically provided for in KRS 417.220. The circuit court’s judgment confirming the respective arbitration awards made in favor of both Dr....
Read MoreThomas Weird v. Eric Emberton 2008-SC-000372-DG March 18, 2010 Opinion of the Court; all concur. Justice Abramson not sitting. On May 3, 2007, Weird tried to file his notice of appeal of judgment at the Jefferson Circuit Court’s...
Read MoreHigginbotham v. Keeneland Association2009-CA-000301 01/29/2010 2010 WL 323287Opinion by Judge Lambert; Judge Wine and Senior Judge Harris concurred. The Court affirmed a summary judgment entered in favor of appellee on...
Read MoreLawyers Mutual Insurance Company of Kentucky v. Stewart2009-CA-000114 11/20/09 2009 WL 3878132Opinion by Judge Wine; Judge Nickell and Senior Judge Harris concurred. The Court affirmed an order of the circuit court denying...
Read MoreMedcom Contracting Services, Inc. v. Shepherdsville Christian Church Disciples of Christ, Inc.2006-CA-002536 06/26/2009 2009 WL 1811080Opinion by Judge Taylor; Judges Caperton and Nickell concurred. The Court affirmed an order...
Read MoreCommonwealth, Dept. of Revenue, Finance and Administration Cabinet v. McDonald2007-CA-001626 04/10/2009 2009 WL 960765Opinion by Judge Moore; Judges Clayton and Taylor concurred. The Court reversed an opinion and order of the...
Read MoreHines v. Carpenter2006-CA-002173 02/07/2009 2009 WL 275837Opinion by Judge Nickell; Chief Judge Combs and Senior Judge Graves concurred. The Court affirmed an order of the circuit court denying appellants’ motion to compel...
Read MoreBLUEGRASS AUTOMOTIVE, INC. V. KENTUCKY UNEMPLOYMENT INSURANCE COMM. EMPLOYMENT: Administrative Appeals, exhaustion of remedies 2007-CA-001526 PUBLISHED: AFFIRMING PANEL: DIXON PRESIDING; COMBS, LAMBERT, JAMES...
Read MoreMKJ v. BOURBON COUNTY BOARD OF EDUCATION APPEALS: Law of case doctrine not applied to the facts of case in remand permitting issues not addressed on appeal to be prosecuted against school board ...
Read MoreTHE MEDICAL VISION GROUP, PSC V. HON. TIMOTHY N. PHILPOTCIVIL: Issue was mooted pending appeal and thus no actual case or controversy; COA engaged in improper fact-finding ...
Read MoreYOUNG V. RICHARDSON APPEALS: Divestment of jurisdiction pending appeal 2006-CA-002441 PUBLISHED: REVERSING AND REMANDING PANEL: HENRY PRESIDING; STUMBO, TAYLOR CONCUR MARION COUNTY DATE RENDERED: 7/25/2008; 10/2/2008 Very...
Read MoreKENTUCKY HIGH SCHOOL ATHLETIC ASSOCIATION V. EDWARDSAPPEALS: Interlocutory appeal not avenue of relief for restraining order, appeal dismissed by SC2007-SC-000927-I.pdfPUBLISHED: SUPPORTING DISMISSALOPINION BY NOBLEBARREN...
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