COA 2010 Minutes for November 5, 2010 (Nos. 1057-1071)

COA 2010 Minutes for November 5, 2010 (Nos. 1057-1071)

  • Above link to minutes is 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:  15
  • Published Decisions:  4 (1060; 1062; 1064; 1068)

1060. SETLEMENTS AND RELEASES.
JENKINS (CORTIS), ET AL.
VS.
JENKINS (BILLY), ET AL.
OPINION AFFIRMING IN PART, REVERSING IN PART AND REMANDING
THOMPSON (PRESIDING JUDGE)
TAYLOR (CONCURS) AND MOORE (CONCURS)
2009-CA-000378-MR
TO BE PUBLISHED
MORGAN

BEFORE: TAYLOR, CHIEF JUDGE; MOORE AND THOMPSON, JUDGES.
THOMPSON, JUDGE: Cortis Jenkins, et al. (appellants), appeal the judgment of the Morgan Circuit Court finding that they authorized their counsel to enter into a settlement to dismiss their counterclaim. For the reasons stated, we affirm in part, reverse in part, and remand this matter for further proceedings.

1062. CRIMINAL LAW.
MCENTIRE (ROCKY CHAD)
VS.
COMMONWEALTH OF KENTUCKY
OPINION AFFIRMING IN PART, REVERSING IN PART AND REMANDING
KELLER (PRESIDING JUDGE)
STUMBO (CONCURS) AND MOORE (CONCURS IN RESULT ONLY)
2009-CA-000916-MR
TO BE PUBLISHED
JEFFERSON

KELLER, JUDGE: Rocky Chad McEntire (McEntire) appeals from a judgment of the Jefferson Circuit Court following his conditional guilty plea to first-degree rape and kidnapping. For the reasons set forth below, we affirm in part, reverse in part, and remand.

1064. UNDERINSURED MOTORIST BENEFITS EXCLUSION.
BURTON (WENDY W.)
VS.
KENTUCKY FARM BUREAU MUTUAL INSURANCE COMPANY
OPINION AFFIRMING
THOMPSON (PRESIDING JUDGE)
TAYLOR (CONCURS) AND MOORE (CONCURS)
2009-CA-001056-MR
TO BE PUBLISHED
HARLAN

THOMPSON, JUDGE: Wendy W. Burton appeals from a summary judgment entered in the Harlan Circuit Court declaring that she was not entitled to underinsured motorists benefits under a policy of insurance issued by Kentucky Farm Bureau Mutual Insurance Company. The issue presented is whether a clause excluding UIM coverage of a vehicle owned by the insured or a family member is enforceable. We affirm.

1068. REVENUE AND TAXATION.
DEPARTMENT OF REVENUE, FINANCE AND ADMINISTRATION CABINET
VS.
COX INTERIOR, INC.
OPINION AFFIRMING
CAPERTON (PRESIDING JUDGE)
LAMBERT (CONCURS IN RESULT ONLY) AND COMBS (CONCURS AND FILES SEPARATE OPINION)
2009-CA-001691-MR
TO BE PUBLISHED
FRANKLIN

CAPERTON, JUDGE: The Appellant, the Department of Revenue, Finance and Administration Cabinet, Commonwealth of Kentucky, appeals the August 27, 2009, opinion and order of the Franklin Circuit Court, determining that the  Appellee, Cox Interior, Inc., could receive a refund of its payment of an ad valorem tax assessment, despite its failure to protest that assessment prior to paying the taxes at issue. Having reviewed the record, the arguments of the parties, and the applicable law, we affirm.

 

 

 

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