COA Argument Calendar for AUGUST 2010 – Aug. 4, 9, 10, 18, 19, 25, 26

Click HERE
for August 2010 oral argument calendar at Court of Appeals listing case numbers, dates, times, panel of judges, counsel, lower court and judge, etc. for each case to be heard.

Dates: 

  • Aug. 4 – Spencer County
  • Aug. 9, 10, 18 – Frankfort
  • Aug 19 – Louisville
  • Aug. 25, 26 – Hopkinsville

LOCATION: SPENCER COUNTY COURTHOUSE, SECOND FLOOR COURTROOM, 2WEST MAIN STREET, TAYLORSVILLE, KENTUCKY

DATE:    Wednesday, August 4, 2010

1:30 pm

CHISM v COMMONWEALTH OF KENTUCKY
Chism appeals the trial court’s denial of his RCr 11.42 motion. In that motion, Chism argued counsel: failed to investigate and present evidence of his extreme emotional distress; failed to challenge his competency; and failed to advise him that, if he stood trial, a jury might convict him of a lesser included offense.

2:15 pm
CADLEWAY PROPERTIES, INC. v BAYVIEW LOAN SERVICING, LLC.
The issue on appeal is whether Cadleway Properties or Bayview loan Servicing had the superior mortgage on a parcel of real property.

LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE,
FRANKFORT, KENTUCKY

DATE:    Monday, August 9, 2010

2:30 pm
BEVERAGE WAREHOUSE, INC. v COMMONWEALTH OF KENTUCKY DEPARTMENT OF ALCOHOLIC
Appellant appeals the denial of a hearing in the Franklin Circuit Court and argues the denial of due process prior to the issuance of a liquor license directly across the street from the appellant’s premises.

3:15 pm
ELIZABETH CAROL AUBREY v JOEL WALTER AUBREY
Wife appeals from Fayette Family Court's determination that post-nuptial agreement was invalid, its determination that wife failed to sufficiently trace non-marital property, and its failure to require husband to help pay for children's educational needs.

DATE: Tuesday August 10, 2010

1:30 pm
BARBARA SCHAMBON v COMMONWEALTH OF KENTUCKY
Appellants appeal from trial court’s denial of their 60.02 motion based on a claim of actual innocence. Appellants also argue that the trial court erred in failing to conduct a hearing regarding their 60.02 motion

2:15 pm
COMMONWEALTH OF KENTUCKY v JOHN AUBREY
An appeal of an order denying a motion to dismiss and holding that sovereign immunity does not protect the Commonwealth in declaratory judgment.

3:00 pm
COUNTY FISCAL COURTS v COMMONWEALTH OF KENTUCKY, JUSTICE AND PUBLIC SAFTEY CABINET,
Appeal from dismissal of declaratory judgment action concerning a dispute of statutory and constitutional provisions addressing the financial responsibility for prisoners for time spent in county jails pending trial and awaiting sentencing. Principal issue raised addresses phrase “for all purposes” in KRS 532.120(3) governing the calculation of terms of imprisonment.

OCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE,
FRANKFORT, KENTUCKY DATE:   

Wednesday, August 18, 2010

1:00 pm
KNOX COUNTY KENTUCKY v CITY OF CORBIN KENTUCKY
Civil; Summary Judgment: Whether the circuit court properly denied summary judgment on various grounds. Whether the circuit court properly concluded Knox Co. must provide a credit for occupational license fees which Corbin taxpayers pay to the county.

1:45 pm
GOLDEN OAK MINING COMPANY v VINA LUCAS
Civil; Mining Law: Whether statute of limitations had run before complaint was filed; whether punitive damages award was proper.

LOCATION: JEFFERSON COUNTY JUDICIAL CENTER, 10TH FLOOR APPELLATE
COURTROOM, 700 WEST JEFFERSON STREET, LOUISVILLE,

DATE:    Thursday, August 19, 2010

10:00 am
JOSEPH E. TOLER v SUD-CHEMIE,INC.
Defamation; directed verdict and jury verdict.

10:45 am
PATRICIA FAULKNER v SCOTT GREENWALD
Appeal from entry of summary judgment in favor of Appellee in a negligence action. At issue is whether Appellee was entitled to qualified official immunity from suit as a matter of law and whether Appellants injuries were foreseeable.

11:30 am
JEFFERY TODD PEARCE v UNIVERSITY OF LOUISVILLE
Appeal from a judgment affirming an administrative decision terminating Appellant’s employment in a police discipline case. Among the issues presented is whether KRS 15.520 applies in police discipline cases not initiated by a citizen complaint.

LOCATION: CHRISTIAN COUNTY COURTHOUSE, COURTROOM 1, FIRST FLOOR,
100 JUSTICE WAY, HOPKINSVILLE, KENTUCKY

DATE:    Wednesday, August 25, 2010

10:15 am
ROBERT W. MILLER v JANE DEFREES MILLER
Whether circuit court properly dismissed action for lack of personal jurisdiction over a nonresident defendant.

11:00 am
JOHNNELL DENTON v ABBEY MULLIGAN
Whether family court erred by finding appellee de facto custodian; whether family court properly awarded joint custody.

1:30 pm
RODGER W. LOFTON v FAIRMONT SPECIALTY INSURANCE MANAGERS, INC. D/B/A
Whether circuit court properly determined that appellant was not entitled to an attorney fee lien under KRS 376.460.

2:15
LEE T. SPARKS v WAL-MART STORES, INC.
2009-CA-000686 – Whether trial court properly denied Spark’s motion for directed verdict; whether trial court erroneously excluded certain evidence; whether trial court properly dismissed retaliation claim. 2009-CA-000821 – Whether Sparks is an exempt employee under KRS 337.385

LOCATION: CHRISTIAN COUNTY COURTHOUSE, COURTROOM 1, FIRST FLOOR,
100 JUSTICE WAY, HOPKINSVILLE, KENTUCKY

DATE:    Thursday, August 26, 2010
11:00 am
KENTUCKY NATURAL GAS CORPORATION v CITY OF LEITCHFIELD
In a contract dispute regarding validity of a contract permitting the City to purchase natural gas from appellant, whether trial court erred in granting summary judgment to City specifically holding contract amendment lacked consideration and statute of frauds precluded enforcement of the amendments.

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