COA 2009 Minutes: October 9, 2009 (Nos. 1019-1037)

COA 2009 Minutes: October 9, 2009 (Nos. 1019-1037)

  • 19 decisions
  • 4 published

PUBLISHED DECISIONS WITH LINKS TO FULL TEXT

1019
REARDON V. REARDEN

OPINION AFFIRMING IN PART, REVERSING IN PART, AND REMANDING
APPELLEE
** ** ** ** ** BEFORE: LAMBERT AND NICKELL, JUDGES; HENRY,2 SENIOR JUDGE.
NICKELL, JUDGE: James Rearden (James) appeals from a judgment of the Jefferson Family Court classifying various items as marital property, including his military pension. He also appeals the trial court’s denial of his request for attorneys’ fees in the wake of the court holding his former wife, Kimberly Rearden, now Kimberly Johnson Crowder (Kimberly), in contempt for willfully disregarding court orders pertaining to the sale of the marital home. After reviewing the record and the law, we affirm in part, reverse in part and remand for further proceedings consistent with this opinion.

1    This is one of two cases considered simultaneously by this Court. This appeal pertains primarily to the classification of property following dissolution of the parties’ marriage. The second case, Crowder v. Rearden, No. 2007-CA-002604-MR, pertains to the court having found Kimberly to be in contempt of its orders.

1027
NOLAN D V. COM.
OPINION AFFIRMING
** ** ** ** ** BEFORE: CAPERTON, KELLER, AND LAMBERT, JUDGES.
CAPERTON, JUDGE: The Appellant, Walter Noland (Noland), pled guilty to arson in the first degree and burglary in the second degree. Noland sought to vacate his conviction pursuant to Kentucky Rules of Criminal Procedure (RCr) 11.42 and now appeals from the March 21, 2008, order of the Hardin Circuit Court denying relief following an evidentiary hearing, as well as the circuit court’s
subsequent April 18, 2008, order denying Noland’s motion to reconsider. After thorough review of the record, the arguments of the parties, and applicable law, we affirm.

1035
NELSON COUNTY BOARD OF ED. V. FORTE
OPINION AFFIRMING
** ** ** ** ** BEFORE:    FORMTEXT COMBS, CHIEF JUDGE; NICKELL AND TAYLOR,
JUDGES. TAYLOR, JUDGE: Nelson County Board of Education (Board of Education) brings this appeal from an October 15, 2008, order of the Nelson Circuit Court which vacated and remanded the Kentucky Board of Claims’ final order dismissing an action filed by Gene A. Forte, individually and as administrator of the Estate of Carole Forte (collectively referred to as appellees). We affirm.

1037
BRYANT V. HOPKINS
OPINION AFFIRMING
** ** ** ** ** BEFORE: LAMBERT AND STUMBO, JUDGES; HENRY,1 SENIOR JUDGE.
LAMBERT, JUDGE: In this appeal, Erica Bryant seeks equitable relief against Grange Insurance Company (hereinafter “Grange”). She claims the insurance company should be estopped from denying liability for the payment of underinsured motorist (“UIM”) benefits in excess of $100,000 to her after it elected to substitute payment for the tortfeasor, Justin Hopkins, and after the insurance company admitted liability for said UIM coverage in its initial answer to Bryant’s complaint for damages sustained in an automobile collision. The trial court determined that under the circumstances of this case, estoppel was not warranted as a matter of law. Finding no error in the trial court’s determination, we affirm.

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