Pike County Court House Post Card, 1889. Courtesy of Keith Vincent, www.CourtHouseHistory.com.
The Kentucky Court of Appeals announced 17 decisions on July 24, 2015, with 3 “to be published”.
Click here for links to all the archived AOC Court of Appeals minutes at the web site for the Administrative Office of the Courts.
Click here for a listing of the Kentucky Court Report’s posts of the weekly COA minutes (or you can always access these within the KCR web site at the uppermost dropdown menu option for the Court of Appeals).
AOC version of this week’s decisions can be accessed by clicking here.
Click here (or read below!) for the complete set of this week’s minutes listing all decisions (published and not to be published) with links to the full text of each at the AOC, the continue reading below the digested summaries of this week’s published cases.
Note those decision names dealing with injury law, insurance law, torts, and civil procedure are in bold face.
Published appellate cases for this week – July 24, 2015:
632. Damages. Interest. Retail installment contract.
Service Financial Co. vs. Ashley Ware
COA Published 7/24/2015; Opinion affirming; Franklin County
On discretionary review to COA with Circuit Court opinion affirming a Franklin District Court order of default judgment thatlimited post-judgment interest on a retail installment contract to 12% per annum.
634. Criminal Law. Sentencing. Probation.
Allan Grundy vs. Commonwealth of Kentucky
COA Published, 7.24.2015; Opinion affirming; Jefferson County
J. LAMBERT, JUDGE: Allan Grundy, proceeding pro se, has appealed from the October 28, 2013, order of the Jefferson Circuit Court vacating the order revoking his probation, but refusing to vacate his one-year sentence, and the January 13, 2014, order denying his Kentucky Rules of Civil Procedure (CR) 59.05 and CR 52.02 motions to vacate the October 28, 2013, order. We affirm the orders on appeal.
639. Criminal Law.
Anthony Durrant v. Commonwealth of Kentucky
COA PUB 7/24/2015; Opinion affirming; Hardin County
KRAMER, JUDGE: Anthony Durrant appeals the Hardin Circuit Court’s judgment convicting him of fourteen counts of Use of a Minor in a Sexual Performance; one count of Possession of Matter Portraying a Sexual Performance by a Minor; and four counts of Unlawful Use of Electronic Means to Induce a Minor to Engage in Sexual or Other Prohibited Activities. After a careful review of the record, we affirm because the trial court did not abuse its discretion in allowing testimony using a spreadsheet of text messages and digital images; the trial court did not abuse its discretion in denying Durrant’s motion for a mistrial; Durrant was not entitled to a lesser-included-offense instruction; and his constitutional rights were not denied as a result of alleged cumulative error.
Selected not to be published decisions on tort, insurance and civil–
636. Insurance. Coverage, residency. Remanded for further proceedings.
Shelter Insurance Co. vs. Neil Paragh
COA, Not to be published, opinion vacating and remanding; Fayette County
COMBS, JUDGE: This case involves the issue of residency in an insurance coverage dispute. In a declaratory action, Shelter Mutual Insurance Company appeals from a summary judgment of the Fayette Circuit Court that found that Neil Paragh was a resident of its insureds’ household. Shelter Mutual argues that because questions concerning where Neil resided present a genuine issue of material fact, entry of summary judgment was erroneous. After our review, we agree. Consequently, we vacate the trial court’s judgment and remand for additional proceedings.
638. Attorney Fees.
Christian Caudill vs. William R. Johnson; and Johnson Law Firm
COA, Not to be published opinion affirming; Pike County
MAZE, JUDGE: Christian Caudill, individually, as next friend of Kristen A. Caudill and Luke Caudill and as administrator of the Estate of Beau Zachariah Caudill, appeals from a judgment of the Pike Circuit Court awarding attorney fees to his former counsel, William R. Johnson and Johnson Law Firm, P.S.C., arising out of Johnson’s representation in personal injury and declaratory judgment actions. Caudill argues that the trial court erred by finding that Johnson was discharged without good cause, and that the award of fees was clearly erroneous. However, we find that the trial court’s factual findings and award of attorney fees were supported by substantial evidence. Hence, we affirm.
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