COA: August 11, 2017 Court of Appeals Decisions (Minutes)

Nos. 693-712: 20 Decisions Posted with 5 decisions designated 'to be published'

PUBLISHED DECISIONS:

695.  Mandamus.  Affirmed petition for writ of mandamus at circuit court directing district court to find probable cause for two counts of first-degree wanton endangerment but on different grounds
K.(D.M.) v. Judge Gina Calvert

703.  Regulatory Law.  Found dealership made improper use of dealer plates.
Bruce Walters Ford Lincoln KIA v. Kentucky Motor Vehicle Commission

707.  Criminal.  Reversed the judgment of the Fulton Circuit Court with respect to the imposition of court costs of $160
Jones v. Commonwealth of Kentucky

710.   Elections.  Early signatures not invalidate nomination.
Stoecklin v. Fennell

712. Criminal Law.  Returning case file to criminal defendant.  Gotta do it.
Polly v. Commonwealth of Kentucky

 

MNT08112017

 

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.

All decisions regardless of publication are posted and can be read, but those decisions designated not for publication cannot be cited as legal authority.  See, KRCP 76.28(4)(c)(“Opinions that are not to be published shall not be cited or used as binding precedent in any other case in any court of this state; however, unpublished Kentucky appellate decisions, rendered after January 1, 2003, may be cited for consideration by the court if there is no published opinion that would adequately address the issue before the court. Opinions cited for consideration by the court shall be set out as an unpublished decision in the filed document and a copy of the entire decision shall be tendered along with the document to the court and all parties to the action.”)

You will find the complete list of this week’s decisions below with number, names of parties, case number, lower court (eg., county), etc. with a hot link to the full text of the decision.  Please note that you will have to check Case Information for each decision for finality, amendments, rehearing, or other matters including motions for discretionary review (MDR) filed with the Supreme Court of Kentucky.

COA: August 4, 2017 Court of Appeals Decisions (Minutes)

Nos. 668-692: 25 Decisions Posted with 3 decisions designated 'to be published'

PUBLISHED DECISIONS:

670.  Mechanics Lien.  Affirmed Jefferson Circuit Court’s order granting summary judgment to Brown Capital, Ltd., and Noltemeyer Capital, Ltd., doing business as Brown Noltemeyer Company, as well as a subsequent order releasing Brown Noltemeyer’s bond.
Prodigy Construction vs. Brown Capital, LTD

677.  Arbitration.  Affirmed order and judgment of the Jefferson Circuit Court confirming an arbitration award related to unpaid brokerage and agent fees arising from a real estate transaction.
Meers v. Simonin Realtors

684.  Kentucky Disability.  Reversed & remanded Kentucky Retirement Systems denial of  Ms. Jett disability retirement benefits.
Jett v. Kentucky Retirement Systems

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

671.  Arbitration. Power of Attorney. Reversed the trial court and noted per Whisman that a power of attorney needs something more specific than such a broad grant of authority to effectively include the authority to enter into an enforceable arbitration agreement, Whisman was reversed in this respect by the United States Supreme Court. Kindred Nursing Centers Ltd. Partnership v. Clark, 137 S.Ct. 1421, 1429 (2017).
Diversicare Healthcare Services v. Riley, Executor Estate of Thomas Riley, Sr.

672.  Fraud.
Wigginton v. Daniel Boone Log Homes

678.  Premises Liability.  Duty and standard of care owed to independent contractor electrocuted while working on premises.
Cornett v. Labreveux

679.  Continuance.  In claim against KFC for improper preparation and contamination of food, affirmed trial court’s dismissal of claims after plaintiff’s request for a continuance was denied
Marshall v. Lexington Foods of Elizabethtown

685.  Interpleader.  Affirmed agreeingwith the trial court that Allstate was properly dismissed from the case as a matter of law that once an insurance company pays proceeds into the court, it is discharged from further liability and obligation.
Gibson v.  Allstate Indemnity Co.

686.  Medical Negligence.  Affirmed jury verdict in favor of physicians on claims of failure to diagnose.
Mitchell v. Baptist Physicians Lexington, Inc.

MNT08042017

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.

All decisions regardless of publication are posted and can be read, but those decisions designated not for publication cannot be cited as legal authority.  See, KRCP 76.28(4)(c)(“Opinions that are not to be published shall not be cited or used as binding precedent in any other case in any court of this state; however, unpublished Kentucky appellate decisions, rendered after January 1, 2003, may be cited for consideration by the court if there is no published opinion that would adequately address the issue before the court. Opinions cited for consideration by the court shall be set out as an unpublished decision in the filed document and a copy of the entire decision shall be tendered along with the document to the court and all parties to the action.”)

You will find the complete list of this week’s decisions below with number, names of parties, case number, lower court (eg., county), etc. with a hot link to the full text of the decision.  Please note that you will have to check Case Information for each decision for finality, amendments, rehearing, or other matters including motions for discretionary review (MDR) filed with the Supreme Court of Kentucky.

COA: July 28, 2017 Court of Appeals Decisions (Minutes)

Nos. 641-667: 27 Decisions Posted with 7 decisions designated 'to be published' by Michael Stevens

PUBLISHED DECISIONS:

644.  Family Law.  Affirmed circuit court which held that mother’s claims were time-barred and that the defendants who conduct evaluations of child had immunity from suit.
Nave v. Feinberg

647.  Trials.  Reversed and remanded directed verdict against empty chair defendant in medical negligence claim with multiple defendant.  “Empty-chair defense (1981) A trial tactic in a multiparty case whereby one defendant attempts to put all the fault on a defendant who plea-bargained or settled before trial or on a person who was neither charged nor named as a party.” DEFENSE, Black’s Law Dictionary (10th ed. 2014).
House, Adm’x Estate of Laura Alexander v. Jewish Hospital

651. Churches.  Affirmed summary judgment in favor Presbyterian Church (U.S.A.) relating to an action claiming slander and libel brought by a former employee.  On review  consideration and application of the ecclesiastical-abstention doctrine and ministerial exception.
Darmody v. Presbyterian Church

652.  Government Procurement.  Held contract was not void and did not violate the public bidding process
Southeast Bullitt Fire Protection District v. Southeast Bullitt Fire Rescue Dept.

657.  Criminal Law.  Reversed  circuit court’s order affirming and remand the matter to the McCracken District Court for an entry of a judgment of acquittal on conviction of  Wanton Endangerment in the Second Degree

664.  Criminal Law. Affirmed trial court’s ruling denying defendant’s motion to suppress evidence
Mundy v. Commonwealth of Kentucky

665.  Family Law. Held trial court did not abuse discretion when it denied Appellant Randy Williams’ motion to modify visitation
Williams v. Williams

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

650.  Immunity in wage and hour claim.
Louisville Jefferson County Metro Gov’t v. Wilcox

655.  Premises Liability.  Business.
Velours v. Wal-Mart Stores East, Limited Partnership

 

MNT07282017

 

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.

All decisions regardless of publication are posted and can be read, but those decisions designated not for publication cannot be cited as legal authority.  See, KRCP 76.28(4)(c)(“Opinions that are not to be published shall not be cited or used as binding precedent in any other case in any court of this state; however, unpublished Kentucky appellate decisions, rendered after January 1, 2003, may be cited for consideration by the court if there is no published opinion that would adequately address the issue before the court. Opinions cited for consideration by the court shall be set out as an unpublished decision in the filed document and a copy of the entire decision shall be tendered along with the document to the court and all parties to the action.”)

You will find the complete list of this week’s decisions below with number, names of parties, case number, lower court (eg., county), etc. with a hot link to the full text of the decision.  Please note that you will have to check Case Information for each decision for finality, amendments, rehearing, or other matters including motions for discretionary review (MDR) filed with the Supreme Court of Kentucky.

COA: August 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.

August2017

COA: July 21, 2017 Court of Appeals Decisions (Minutes)

Nos. 605-640: 36 Decisions with 5 decisions designated 'to be published' by Michael Stevens

PUBLISHED DECISIONS:

605.  Criminal Law. Held trial court properly denied Abukar’s race-based and religion- based challenge to the prosecutor’s peremptory strike of a juror
Abukar v. Commonwealth of Kentucky

612.  Tax sale foreclosure.  Held real estate foreclosure action which sought to enforce a tax lien against B&P Apartments (B&P), was barred under the doctrine of res judicata.
Kentucky Tax Bill Servicing, Inc. v. B&P Apartments Inc.

614.  Post Judgement interest.  Affirmed trial court order to reduce and abate interest on a 1995 judgment pursuant to Kentucky Rules of Civil Procedure (CR) 60.
Fox Trot Properties LLC v. DLX, Inc.

616. Affirmed circuit court’s dismissal of action seeking damages for personal injury, landlord-tenant law violations, and violation of the consumer protection act.
Joiner v. Tran & P.  Properties, LLC

628.  Reversed Order and Judgment of the Marion Circuit Court reversing KUIC’s decision to deny benefits to former CMA employee William Anthony Hourigan.
Commonwealth of Kentucky Transportation Cabinet v. Hourigan

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

613.  Affirmed summary judgment from the Pulaski Circuit Court dismissing claims of abuse of process she asserted against community association
Weatherly v. Lake Cumberland Community Association.

615.  Reversed trial court’s ruling in medical malpractice action that injured plaintiff lacked sufficient proof of causation
Shackleford v. Dr. Paul Wesley Lewis MD

620.  Malicious prosecution and probable cause.
Lickteig v. Schwab

623.  Malicious prosecution.  Reversed and remanded summary judgement dismissing claims.  Not a CR 12.03 but rather Summary Judgment distinguished
McKinney v. Coleman

630.  Bad Faith.  Affirmed trial court’s dismissal of third party bad faith claim against insurer.
Lemaster v. Medical Protective Ins. Services

632.  Immunity.  Affirm dismissal of claims that defendant’s were immune from suit under the doctrine of qualified official immunity
Romans v. Johnson

MNT07212017

 

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.

All decisions regardless of publication are posted and can be read, but those decisions designated not for publication cannot be cited as legal authority.  See, KRCP 76.28(4)(c)(“Opinions that are not to be published shall not be cited or used as binding precedent in any other case in any court of this state; however, unpublished Kentucky appellate decisions, rendered after January 1, 2003, may be cited for consideration by the court if there is no published opinion that would adequately address the issue before the court. Opinions cited for consideration by the court shall be set out as an unpublished decision in the filed document and a copy of the entire decision shall be tendered along with the document to the court and all parties to the action.”)

You will find the complete list of this week’s decisions below with number, names of parties, case number, lower court (eg., county), etc. with a hot link to the full text of the decision.  Please note that you will have to check Case Information for each decision for finality, amendments, rehearing, or other matters including motions for discretionary review (MDR) filed with the Supreme Court of Kentucky.

COA: July 14, 2017 Court of Appeals Decisions (Minutes)

Nos. 588-604: 17 Decisions with NO decisions designated 'to be published' by Michael Stevens

NO PUBLISHED DECISIONS:

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

594.  Arbitration, nursing home, and power of attorney. Reversed trial court compelling arbitration applying Kindred Nursing Centers Ltd. Partnership v. Clark, 137 S. Ct. 1421, 1429 (2017)
Pine Tree Villa LLC v. Smith

MNT07142017

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.

All decisions regardless of publication are posted and can be read, but those decisions designated not for publication cannot be cited as legal authority.  See, KRCP 76.28(4)(c)(“Opinions that are not to be published shall not be cited or used as binding precedent in any other case in any court of this state; however, unpublished Kentucky appellate decisions, rendered after January 1, 2003, may be cited for consideration by the court if there is no published opinion that would adequately address the issue before the court. Opinions cited for consideration by the court shall be set out as an unpublished decision in the filed document and a copy of the entire decision shall be tendered along with the document to the court and all parties to the action.”)

You will find the complete list of this week’s decisions below with number, names of parties, case number, lower court (eg., county), etc. with a hot link to the full text of the decision.  Please note that you will have to check Case Information for each decision for finality, amendments, rehearing, or other matters including motions for discretionary review (MDR) filed with the Supreme Court of Kentucky.

COA: July 7, 2017 Court of Appeals Decisions (Minutes)

Nos. 570-587: 18 Decisions with 1 decision designated 'to be published' by Michael Stevens

PUBLISHED DECISIONS:

575.  Attorneys Fees. Held Hazel entitled to twelve percent statutory interest but not  litigation fees for work performed in its role as third-party purchaser of a tax bill the Mitchusons owed from 2002.
Hazel Enterprises, LLC v. Mitchuson

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

570.  Arbitration.  Affirmed denial of mandatory arbitration in nursing home case relying upon Ping decision
GGNSC Stanford, LLC v.  Coffman

572.  Affirmed summary judgement dismissing claim for residential deck collapse causing tenant’s injuries since took premises as is and no knowledge of defect
Washington v. WB Holdings LLC

576.  PIP Suit.  Reversed summary judgment dismissing claim for nonpayment of PIP and remanding with instructions
Bays v. Liberty Mutual Ins. Co.

580.  Legal Malpractice Claim.  Affirmed dismissal of claim.
Lawrence v. Bingham Greenebaum Doll LLP

582.  Affirmed dismissal of claims for “wrongful birth” of child with birth defects.  SCOKY has specifically rule and COA has no authority to disagree.
Patel v. Game

MNT07072017

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.

All decisions regardless of publication are posted and can be read, but those decisions designated not for publication cannot be cited as legal authority.  See, KRCP 76.28(4)(c)(“Opinions that are not to be published shall not be cited or used as binding precedent in any other case in any court of this state; however, unpublished Kentucky appellate decisions, rendered after January 1, 2003, may be cited for consideration by the court if there is no published opinion that would adequately address the issue before the court. Opinions cited for consideration by the court shall be set out as an unpublished decision in the filed document and a copy of the entire decision shall be tendered along with the document to the court and all parties to the action.”)

You will find the complete list of this week’s decisions below with number, names of parties, case number, lower court (eg., county), etc. with a hot link to the full text of the decision.  Please note that you will have to check Case Information for each decision for finality, amendments, rehearing, or other matters including motions for discretionary review (MDR) filed with the Supreme Court of Kentucky.

COA: June 30, 2017 Court of Appeals Decisions (Minutes)

Nos. 561-569: 9 Decisions with 2 decisions designated 'to be published' by Michael Stevens

PUBLISHED DECISIONS:

564.  Attorneys fees.  Wrongful death actions prosecuted simultaneously in state and federal courts.  Quantum meruit and unjust enrichment.
Farmer & Prather, PLLC v. Independence Bank, Adm’r Est. of Kira Bryant

569.  Affirmed order granting father custody of child.  Parents were never married.
Baize v. Peake

No selected cases that were not designated for publication in tort, insurance and civil law.

MNT06302017

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.

All decisions regardless of publication are posted and can be read, but those decisions designated not for publication cannot be cited as legal authority.  See, KRCP 76.28(4)(c)(“Opinions that are not to be published shall not be cited or used as binding precedent in any other case in any court of this state; however, unpublished Kentucky appellate decisions, rendered after January 1, 2003, may be cited for consideration by the court if there is no published opinion that would adequately address the issue before the court. Opinions cited for consideration by the court shall be set out as an unpublished decision in the filed document and a copy of the entire decision shall be tendered along with the document to the court and all parties to the action.”)

You will find the complete list of this week’s decisions below with number, names of parties, case number, lower court (eg., county), etc. with a hot link to the full text of the decision.  Please note that you will have to check Case Information for each decision for finality, amendments, rehearing, or other matters including motions for discretionary review (MDR) filed with the Supreme Court of Kentucky.

COA: June 23, 2017 Court of Appeals Decisions (Minutes)

Nos. 537-560: 24 Decisions with 2 decisions designated 'to be published' by Michael Stevens

PUBLISHED DECISIONS:

537.  Affirmed trial court’s summary judgement in favor of bank on plaintiff’s claims of KRS1 382.3652 and the tort of outrage.
Forcht v. Forcht Bank, NA

545.  Affirmed legal status of roadway in favor of foundation
Shields v. University of Louisville Foundation

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

548.  Affirmed summary judgement in favor of physicians in medical malpractice claim on failure to diagnose lymphoma
Clines v.  Susan E. Janocik, MD PLLC et al

MNT06232017

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.

All decisions regardless of publication are posted and can be read, but those decisions designated not for publication cannot be cited as legal authority.  See, KRCP 76.28(4)(c)(“Opinions that are not to be published shall not be cited or used as binding precedent in any other case in any court of this state; however, unpublished Kentucky appellate decisions, rendered after January 1, 2003, may be cited for consideration by the court if there is no published opinion that would adequately address the issue before the court. Opinions cited for consideration by the court shall be set out as an unpublished decision in the filed document and a copy of the entire decision shall be tendered along with the document to the court and all parties to the action.”)

You will find the complete list of this week’s decisions below with number, names of parties, case number, lower court (eg., county), etc. with a hot link to the full text of the decision.  Please note that you will have to check Case Information for each decision for finality, amendments, rehearing, or other matters including motions for discretionary review (MDR) filed with the Supreme Court of Kentucky.

COA: June 16, 2017 Court of Appeals Decisions (Minutes)

Nos. 510-536: 27 Decisions with 5 decisions designated 'to be published' by Michael Stevens

PUBLISHED DECISIONS:

 

513.  Shareholder derivative suit; claims for breach of fiduciary duty and trust and more; discovery rules and statutes of limitation
Middleton v. Sampey

528.  Criminal Law.  Affirmed denial of suppression motion.  Traffic stop and detention.
Johnson v. Sinclair

533.  Dismissed injury claim again homeowners association and voluntary members holding did not own duty of care
Brooks v. Seaton Place Homeowners Association, Inc.

534. Affirmed judgment dismissing claims against construction company when minor overturned a piece of heavy equipment parked at a residential construction site injuring himself. Held no duty of care.  Attractive Nuisance.
Hayes v. DCI Properties

536.  Workers Compensation
Cunningham v. Quad/Graphics, Inc

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

516.  Affirmed summary judgment dismissing claim against KFBM agent for refusing to write a homeowners policy
Hamilton v.  Kent D. Thacker Ins. Co.

518.  Affirmed dismissal of dental malpractice claim for failure to provide experts
Phillips v. Cieslak

MNT06162017

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.

All decisions regardless of publication are posted and can be read, but those decisions designated not for publication cannot be cited as legal authority.  See, KRCP 76.28(4)(c)(“Opinions that are not to be published shall not be cited or used as binding precedent in any other case in any court of this state; however, unpublished Kentucky appellate decisions, rendered after January 1, 2003, may be cited for consideration by the court if there is no published opinion that would adequately address the issue before the court. Opinions cited for consideration by the court shall be set out as an unpublished decision in the filed document and a copy of the entire decision shall be tendered along with the document to the court and all parties to the action.”)

You will find the complete list of this week’s decisions below with number, names of parties, case number, lower court (eg., county), etc. with a hot link to the full text of the decision.  Please note that you will have to check Case Information for each decision for finality, amendments, rehearing, or other matters including motions for discretionary review (MDR) filed with the Supreme Court of Kentucky.