COA Argument Calendar for JULY 2010

COA
Argument Calendar for JULY 2010

Click HERE
for JULY 2010 oral argument calendar at Court of Appeals.

Dates: 

  • July 6 – Bowling Green
  • Jul 20 – Frankfort
  • July 28 – Taylorsville

LOCATION: WARREN COUNTY JUDICIAL CENTER, CIRCUIT COURTROOM C, 4TH FLOOR, 1001 CENTER STREET, BOWLING GREEN, KENTUCKY

DATE: Tuesday, July 6, 2010

01:00 PM
MOORE, HON. JOY A.
GARRY MARRS COMER v SUSAN BARRETT COMER

Marital dissolution appeal claiming error in the division of marital property.

01:45 PM
HARRIS, HON. WILLIAM R.
EDWARD J. LADD v MARY A. LADD

The children of Jesse Ladd appeal from the trial court’s declaratory judgment determining that certain assets vested in the estate rather than a living trust.

02:30 PM
HARRIS, HON. WILLIAM R.
DAVID MCHENRY v MELISSA STEVENS

Non-resident father appeals from Marshall Family Court orders dissolving the parties’ marriage, awarding custody to the mother, and refusing to transfer the case to Pennsylvania. Father claims that Kentucky courts do not have personal jurisdiction over him, subject matter jurisdiction over the custody determination, and that the trial court erred by failing to find that Kentucky was an inconvenient forum.

03:15 PM
WINE, HON. THOMAS B.
TIM TAYLOR v DANIEL KING

Taylor challenges the constitutionality of the Dram Shop Act, KRS 413.241. Availability of punitive damages; jural rights doctrine, separation of powers; special legislation.

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

DATE: Tuesday, July 20, 2010

10:00 AM
TAYLOR, HON. JEFF S.
ROBERT W. MILLER v JANE DEFREES MILLER

Whether circuit court properly dismissed action for lack of personal jurisdiction over a nonresident defendant.

11:30 AM
TAYLOR, HON. JEFF S.
JOHNNELL DENTON v ABBEY MULLIGAN

Whether family court erred by finding appellee de facto custodian; whether family court properly awarded joint custody.

01:30 PM
HENRY, HON. MICHAEL L.
CINCINNATI INSURANCE COMPANIES v STAGGS AND FISHER CONSULTING ENGINEERS, INC.

Appeal by insurance company from dismissal of suit to recover funds it paid on behalf of the
insured by way of subrogation. Issues are whether the economic loss doctrine has been adopted in Kentucky, and if so, whether the doctrine acts to bar recovery in the present suit.
2009-1123: Appeal involving same parties in later suit that was dismissed based upon res judicata.

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

DATE: Wednesday, July 28, 2010

01:30 PM
COMBS, HON. SARA W.
PAUL PRICE v CITY OF HILLVIEW

Action for declaration of rights in case involving annexation of property and weight limits on the use of an access road for purposes of operation of a plastics plant.

02:15 PM
KELLER, HON. MICHELLE M.
DAVID SCOTT 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.

03:00 PM
KELLER, HON. MICHELLE M.
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.

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