COA ARGUMENTS: September 2008 Argument Calendar

September 2008 Court of Appeals Argument Calendar posted.

LOCATION: LAUREL COUNTY JUDICIAL ANNEX NO. 2, SECOND FLOOR, CIRCUIT COURTROOM, 103 SOUTH BROAD STREET, LONDON, KENTUCKY

DATE: Wednesday, September 03, 2008

11:45 AM KELLER CAPERTON NICKELL
HOME QUALITY MANAGEMENT, INC. ET AL. VS BRENDA STAMPER ET AL.
2007CA001826
Appeal from denial of nursing home’s motion to dismiss and enforce arbitration in wrongful death case. Issues include validity and enforceability of arbitration clause in admission forms.

LOCATION: SHELBY COUNTY COURTHOUSE, 501 MAIN STREET, SHELBYVILLE, KENTUCKY

DATE: Monday, September 08, 2008

11:00 AM MOORE THOMPSON HENRY
ARTURO PROTALES, D.O. VS KENTUCKY BOARD OF MEDICAL LICENSURE
2007CA001060
Kentucky Board of Medical Licensure case wherein appellant’s license to practice medicine was revoked for prescribing medication over the internet. Appellant argues the revocation is barred by res judicata.

1:15 PM MOORE THOMPSON HENRY
CHARLES WILLIAMS VS COMMONWEALTH OF KENTUCKY 2007CA001475
Criminal appeal arguing that a waiver of federal constitutional rights does not waive state constitutional rights.

2:00 PM THOMPSON MOORE HENRY
RALPH FEHR VS MAREN FEHR 2007CA001495 2007CA001507
Appellant argues that Kentucky did not have proper jurisdiction over this divorce action because of the location of the property. Husband appeals the trial court’s decision that a villa in the Netherlands Antilles purchased during the marriage with a substantial amount of non-marital funds was a gift to the wife during the marriage, and further from other decisions as to property division in the trial court’s findings.

2:45 PM HENRY MOORE THOMPSON
VILLAGE CAMPGROUND, INC. VS LIBERTY BANK 2007CA001454
2007CA001487
Civil; Issues: (1) whether bank was entitled to summary judgment upon appellant Village Campground’s claim for statutory damages under KRS 382.325 for failing to release mortgage after written request; and (2) whether trial court properly denied Campground’s late-filed notice for punitive damages per CR 8.02; (primary arguments have multiple subarguments); crossappeal; whether bank was entitled to summary judgment on fraud claim.

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

DATE: Tuesday, September 09, 2008

1:00 PM NICKELL LAMBERT, (JAMES) KNOPF
EDWARD MIALBACK VS UNIVERSITY MEDICAL CENTER INC. 2007CA001096
SHOW CAUSE HEARING.

LOCATION: CHASE LAW SCHOOL, MOOT COURTROOM, NUNN HALL 420, NUNN DRIVE, HIGHLAND HEIGHTS, KENTUCKY

DATE: Thursday, September 11, 2008

9:30 AM VANMETER LAMBERT, (JOSEPH) WINE CITIZENS FOR THE PRESERVATION OF JESSAMINE COUNTY, LLC VS COOPER DEVELOPMENT, LLC ET AL.
2007CA001460
Land use planning: whether trial court erred in reversing decision of planning commission which had denied application for a cluster development in an agricultural zone.

10:15 AM WINE LAMBERT, (JOSEPH) VANMETER
JUDY JUDE (NOW RUNYAN) VS COMMONWEALTH OF KENTUCKY 2007CA000773
Runyon appeals from a conviction for TICS second degree. Allowing cross-examination of defendant as to her opinion about other witnesses’ credibility; improper questioning about witness’s prior conviction; denial of motion for mistrial; cumulative error.

11:00 AM WINE CLAYTON LAMBERT, (JOSEPH)
LARRY THOMAS VS ST. JOSEPH HEALTHCARE, INC. 2007CA001192 2007CA001244
Appeal and cross-appeal from medical malpractice judgment. Pending motion to dismiss due to lack of final and appealable order. Thomas appeals trial court’s order setting aside punitive damages award and ordering a new trial; St. Joseph argues that: it was entitled to judgment on Thomas’s EMTALA claim and a directed verdict on the malpractice claims; punitive damages were excessive; etc.

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

DATE: Tuesday, September 16, 2008

1:00 PM TAYLOR KELLER GUIDUGLI
TRAVELERS INSURANCE CO. VS BLACKSTONE MINING COMPANY, INC. 2007CA001610
Whether circuit court properly concluded that Blackstone was entitled to judgment for overpayment of insurance premiums.

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

DATE: Tuesday, September 30, 2008

10:00 AM GUIDUGLI ACREE CLAYTON
SHAFER PLAZA VI LTD VS TIMOTHY LANG ET AL. 2007CA001391
Jury verdict of $140,000 for Appellees based upon commercial lease. Issues: forum-selection clause, directed verdict and proof of damage.

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