COA 2010 Minutes for November 12, 2010 (Nos. 1072-1087)

COA 2010 Minutes for November 12 , 2010 (Nos. 1072-1087)

  • 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:  16
  • Published Decisions:  2 (1072; 1076)

PUBLISHED DECISIONS (with link to full text at AOC)

1072.  CRIMINAL.  FORFEITURE.
SHEMWELL (TIMOTHY J.)
VS.
COMMONWEALTH OF KENTUCKY
OPINION AFFIRMING
LAMBERT (PRESIDING JUDGE)
TAYLOR (CONCURS) AND HENRY (CONCURS)
2008-CA-001742-MR
TO BE PUBLISHED
OHIO

BEFORE: TAYLOR, CHIEF JUDGE; LAMBERT, JUDGE; HENRY,1 SENIOR JUDGE.
LAMBERT, JUDGE: Timothy Shemwell appeals from an order of the Ohio Circuit Court directing that his real property be forfeited due to its use in the commission of a violation of KRS Chapter 218A. After careful review, we affirm.

1076. OPEN RECORDS STATUTE.
DOE (JOHN)
VS.
CONWAY (JACK)
OPINION AFFIRMING
ACREE (PRESIDING JUDGE)
VANMETER (CONCURS) AND WINE (CONCURS)
2009-CA-000641-MR
2009-CA-000642-MR
TO BE PUBLISHED
FRANKLIN

BEFORE: ACREE, VANMETER AND WINE, JUDGES.
ACREE, JUDGE: The appellants, John Doe I and John Doe II,1 seek reversal of the Franklin Circuit Court’s decision to allow public inspection of agency records containing allegations that they were engaged in wrongdoing. The circuit court correctly determined that disclosure is required by the Kentucky Open Records Act. While these records arguably contain information of a private nature concerning the appellants, the public’s interest in inspection greatly outweighs any privacy interest that may exist. Therefore, the privacy interest exception set forth in Kentucky Revised Statutes (KRS) 61.878(1)(a) is inapplicable and we affirm.

SOME NONPUBLISHED DECISIONS OF NOTE – TORTS, CIVIL PROCEDURE

1077. PREJUDGMENT INTEREST. ATTORNEY FEES.
LJM 12, LLC, ET AL.
VS.
H. C. TRUITT COMPANY
OPINION AFFIRMING
ACREE (PRESIDING JUDGE)
VANMETER (CONCURS) AND WINE (CONCURS)
2009-CA-000968-MR
NOT TO BE PUBLISHED
KENTON

BEFORE: ACREE, VANMETER AND WINE, JUDGES.
ACREE, JUDGE: The appellants, LJM 12 LLC and Douglas Rank (referred to collectively as LJM), seek reversal of the Kenton Circuit Court’s decision to award the appellee, H.C. Truitt Company d/b/a Truitt Roofing Company, contractual prejudgment interest on a monthly basis and attorney’s fees. However, the circuit court did not err in determining that the contract’s terms required contractual prejudgment interest to be applied on a monthly basis and the court properly awarded attorney’s fees. Therefore, we affirm.

1080
CHISM (DAVID SCOTT)
VS.
NATIONWIDE MUTUAL FIRE INSURANCE COMPANY
OPINION VACATING AND REMANDING
KELLER (PRESIDING JUDGE)
MOORE (CONCURS) AND STUMBO (CONCURS)
2009-CA-001747-MR
NOT TO BE PUBLISHED
JEFFERSON

KELLER, JUDGE: David Scott Chism (Chism) appeals from the circuit court’s order granting summary judgment to Nationwide Mutual Fire Insurance Company (Nationwide). On appeal, Chism argues that the circuit court’s judgment was improper because a question of material fact existed; that Nationwide’s payments to Chism’s ex-wife under a homeowner’s policy were excessive; and that the circuit court’s actions deprived him of the right to due process. For the following reasons, we vacate and remand.

 

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