COA 2010 Minutes for January 7, 2011 (Nos. 1 – 27)

COA 2010 Minutes for January 7, 2011  (Nos. 1 – 27)

  • Click on the above link for the full text of minutes with link to full text of each decision.
  • Link to AOC Page with current minutes and archived minutes links
  • Total number of decisions:  27
  • Published Decisions: 1 (15)

Other actions by COA:

  • Denied petition for rehearing:  Dominic Gales v. Com.; Charles Howard v. Com.
  • Denied writ of prohibition/mandamus:  Andrew Gallagher v. Judge Tim Feeley & Margorie Gallavher
  • Dismissed appeals:  Michael Thrasher v. Com.

PUBLISHED DECISIONS (with link to full text at AOC):

15
HARRISON (MARGARET), ET AL.
VS.
PARK HILLS BOARD OF ADJUSTMENT , ET AL.
OPINION AFFIRMING
LAMBERT (PRESIDING JUDGE)
STUMBO (CONCURS) AND SHAKE (SENIOR STATUS JUDGE)(CONCURS)
2009-CA-001981-MR
TO BE PUBLISHED
KENTON

LAMBERT, JUDGE: This is an administrative appeal from a zoning decision in which Margaret Harrison, Kenneth Wolfe, and WMLH, Inc., seek review of the September 11, 2009, order and judgment of the Kenton Circuit Court dismissing their appeal and complaint for lack of subject matter jurisdiction. They also appeal from the October 20, 2009, order denying their motion to alter, amend, or vacate that ruling. Because we agree with the Park Hills Board of Adjustment and the City of Park Hills that the appellants’ failure to name two indispensable parties in their appeal to the circuit court was fatal to that action, we affirm.

TORTS, INSURANCE, PROCEDURE CASES

17.  BLACKOUT DEFENSE INSTRUCTIONS
MAHANES (DONALD LEE)
VS.
SHUGARS (MICHAEL R.), ET AL.
OPINION AFFIRMING
NICKELL (PRESIDING JUDGE)
CLAYTON (CONCURS) AND THOMPSON (CONCURS IN RESULT ONLY)
2009-CA-002047-MR
NOT TO BE PUBLISHED
JEFFERSON

NICKELL, JUDGE: Following a jury trial, Donald Lee Mahanes appeals the judgment of the Jefferson Circuit Court entered on October 8, 2009, finding in favor of Michael R. Shugars. On appeal, Mahanes advances two arguments [1    Nationwide General Insurance Company and American Family Insurance Company were named defendants in the circuit court action but were not named in the Notice of Appeal. All claims against Nationwide were dismissed with prejudice following trial.]  regarding the court’s instructions. Upon careful review of the record, the briefs, and the law, we affirm.

19.  PREJUDGEMENT INTEREST DENIAL AFFIRMED
BARNETT (HARLON), ET AL.
VS.
HAMILTON MUTUAL INSURANCE COMPANY OF CINCINNATI, OHIO
OPINION AFFIRMING
DIXON (PRESIDING JUDGE)
COMBS (CONCURS) AND ISAAC (SENIOR STATUS JUDGE) (CONCURS)
2009-CA-002234-MR
NOT TO BE PUBLISHED
TAYLOR

DIXON, JUDGE: Appellant, Harlon Barnett, individually and as Administrator of the Estate of Steven Ray Barnett, appeals from a decision of the Taylor Circuit Court denying his claim for prejudgment interest on a statutory interest award in a bad faith action against Appellee, Hamilton Mutual Insurance Company of Cincinnati, Ohio. Finding no error, we affirm.

 

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