COA: July 21, 2017 Court of Appeals Decisions (Minutes)

Nos. 605-640: 36 Decisions with 5 decisions designated 'to be published' by Michael Stevens


605.  Criminal Law. Held trial court properly denied Abukar’s race-based and religion- based challenge to the prosecutor’s peremptory strike of a juror
Abukar v. Commonwealth of Kentucky

612.  Tax sale foreclosure.  Held real estate foreclosure action which sought to enforce a tax lien against B&P Apartments (B&P), was barred under the doctrine of res judicata.
Kentucky Tax Bill Servicing, Inc. v. B&P Apartments Inc.

614.  Post Judgement interest.  Affirmed trial court order to reduce and abate interest on a 1995 judgment pursuant to Kentucky Rules of Civil Procedure (CR) 60.
Fox Trot Properties LLC v. DLX, Inc.

616. Affirmed circuit court’s dismissal of action seeking damages for personal injury, landlord-tenant law violations, and violation of the consumer protection act.
Joiner v. Tran & P.  Properties, LLC

628.  Reversed Order and Judgment of the Marion Circuit Court reversing KUIC’s decision to deny benefits to former CMA employee William Anthony Hourigan.
Commonwealth of Kentucky Transportation Cabinet v. Hourigan

Selected cases that were not designated for publication in tort, insurance and civil law.

613.  Affirmed summary judgment from the Pulaski Circuit Court dismissing claims of abuse of process she asserted against community association
Weatherly v. Lake Cumberland Community Association.

615.  Reversed trial court’s ruling in medical malpractice action that injured plaintiff lacked sufficient proof of causation
Shackleford v. Dr. Paul Wesley Lewis MD

620.  Malicious prosecution and probable cause.
Lickteig v. Schwab

623.  Malicious prosecution.  Reversed and remanded summary judgement dismissing claims.  Not a CR 12.03 but rather Summary Judgment distinguished
McKinney v. Coleman

630.  Bad Faith.  Affirmed trial court’s dismissal of third party bad faith claim against insurer.
Lemaster v. Medical Protective Ins. Services

632.  Immunity.  Affirm dismissal of claims that defendant’s were immune from suit under the doctrine of qualified official immunity
Romans v. Johnson



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All decisions regardless of publication are posted and can be read, but those decisions designated not for publication cannot be cited as legal authority.  See, KRCP 76.28(4)(c)(“Opinions that are not to be published shall not be cited or used as binding precedent in any other case in any court of this state; however, unpublished Kentucky appellate decisions, rendered after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.