COA: December 1, 2017 Court of Appeals Decisions (Minutes)

Nos. 1010-2023 -- 24 Decisions Posted with 2 decisions designated 'to be published' with links to full text of each decision

PUBLISHED DECISIONS:

1012.  Criminal Law.  Giving a police officer a false name.
Stephenson v. Commonwealth of Kentucky

1014. Discrimination. Vacated and remanded trial judge improperly dismissing.  discrimination complaint.
Taylor v, Middleton Fire Protection District

Selected cases that were not designated for publication in tort, insurance and civil law. None.

1010.  Reversed default judgement.  Long arm statute, service by SOS.
Cemerlic v. Verralab JA LLC
Appealed order denying motion to set aside a default judgment. They argud they showed good cause to set aside the default judgment: they have a valid excuse for their default because they were not properly served by the Secretary of State and were unaware of the lawsuit, they have a meritorious defense and there is no prejudice. Reversed & remanded. Note that NO brief was filed by appellee, and Judge Acree filed dissent.

MNT12012017

For the index to archived minutes at the official AOC page, then click here.

For more information on each of the published and unpublished decisions and obtaining case information, then continue reading below the fold.

All decisions regardless of publication are posted and can be read, but those decisions designated not for publication cannot be cited as legal authority.  See, KRCP 76.28(4)(c)(“Opinions that are not to be published shall not be cited or used as binding precedent in any other case in any court of this state; however, unpublished Kentucky appellate decisions, rendered after January 1, 2003, may be cited for consideration by the court if there is no published opinion that would adequately address the issue before the court. Opinions cited for consideration by the court shall be set out as an unpublished decision in the filed document and a copy of the entire decision shall be tendered along with the document to the court and all parties to the action.”)

You will find the complete list of this week’s decisions below with number, names of parties, case number, lower court (eg., county), etc. with a hot link to the full text of the decision.  Please note that you will have to check Case Information for each decision for finality, amendments, rehearing, or other matters including motions for discretionary review (MDR) filed with the Supreme Court of Kentucky.