COA 2009 Minutes: December 11, 2009 (Nos. 1246-1270)

COA 2009 Minutes: December 11, 2009 (Nos. 1246-1270)

  • 25 decisions
  • 4 published

Published Decisions with digest and link to full text decision at AOC:

1246 – FAMILY LAW, WORKERS COMP AS MARITAL PROPERTY
Day v. Day

APPEAL FROM KENTON FAMILY COURT HONORABLE CHRISTOPHER J. MEHLING, JUDGE ACTION NO. 07-CI-00731
OPINION AFFIRMING
** ** ** ** **
BEFORE: LAMBERT AND VANMETER, JUDGES; HARRIS,1 SENIOR JUDGE.
HARRIS, SENIOR JUDGE: Tim Day appeals from a decree of dissolution of marriage. He argues that the trial court erred by determining that his entire workers’ compensation settlement was marital property and that his child support obligation was improperly calculated. We affirm.

1248 – GENDER AND DISABILITY DISCRIMINATION
Murray vs. Eastern Kentucky University

APPEAL FROM MADISON CIRCUIT COURT
HONORABLE WILLIAM T. JENNINGS, JUDGE
ACTION NO. 00-CI-00911
OPINION AFFIRMING
** ** ** ** ** BEFORE: ACREE AND LAMBERT, JUDGES; HARRIS,1 SENIOR JUDGE.
ACREE, JUDGE: Phyllis Murray appeals from a summary judgment of the Madison Circuit Court dismissing her claims of gender and disability discrimination against Eastern Kentucky University (EKU). We affirm.

1263 – CIVIL PROCEDURE, LACK OF PROSECUTION, DISMISSAL
Wildcat Property Management vs. Reuss

APPEAL FROM FAYETTE CIRCUIT COURT v
HONORABLE KIMBERLY N. BUNNELL, JUDGE
OPINION REVERSING AND REMANDING
** ** ** ** **
BEFORE: COMBS, CHIEF JUDGE; MOORE, JUDGE; LAMBERT,1 SENIOR JUDGE.
LAMBERT, SENIOR JUDGE: Wildcat Property Management, LLC appeals from the November 13, 2008, order of the Fayette Circuit Court dismissing its action against Stephanie Reuss, Carl Thomas Franzen, Lindsay Franzen, Doug Graff, Mary Martha McGeehan, Tom Reuss, and Jenna Stevens for lack of prosecution. For failure of the trial court to support its dismissal with appropriate findings, we reverse and remand.

1269 – FAMILY LAW, GRANDPARENT CUSTODY
Leach vs. Harrison

APPEAL FROM ESTILL CIRCUIT COURT    
HONORABLE THOMAS P. JONES, JUDGE
ACTION NO. 06-CI-00215
OPINION VACATING AND REMANDING
** ** ** ** ** BEFORE: NICKELL AND WINE, JUDGES; HARRIS, SENIOR JUDGE.
WINE, JUDGE: Christopher Leach (“Christopher”), a father, appeals an order of the Estill Circuit Court granting permanent sole custody of his minor children to L.D. and Debra Harrison, their maternal grandparents (the “Harrisons”). On appeal, he argues that the trial court erred in finding him to be an unfit parent andfinding that it was in the best interests of the children to be placed with the Harrisons.

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