COA: June 9, 2017 Court of Appeals Decisions (Minutes)

Nos. 494-509: 16 Decisions with 4 decisions designated 'to be published'


478.  Affirmed family court’s designation and division of stock acquired by wife during her employment
Dotson v. Dotson

499.  Criminal Law.  Affirmed trial court’s denial of new trial as not warranted based upon trial witness recanting trial testimony AND motion for new trial was not timely
Shaman v. Commonwealth of Kentucky

507.  Affirmed transfer of structured settlement annuity to third party for lump sum payment in workers compensation settlement
American General Life Ins. Co. v. DRB Capital LLC

508.  Probate. Discretionary Review.  Reversed and remanding circuit court which had affirmed district court which erred by removing executor
Estate of Roy Clement Wolff v. Young

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

502.  Affirmed summary judgment dismissing wrongful death claim for failure to have expert testimony in support of causation and applicable standard of care.  Trial Court had also given plaintiff/appellant opportunity for discovery.
Estate of Stephen Michael Howard v. NTD Care Services, LLC



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All decisions regardless of publication are posted and can be read, but those decisions designated not for publication cannot be cited as legal authority.  See, KRCP 76.28(4)(c)(“Opinions that are not to be published shall not be cited or used as binding precedent in any other case in any court of this state; however, unpublished Kentucky appellate decisions, rendered after January 1, 2003, may be cited for consideration by the court if there is no published opinion that would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 Opinions cited for consideration by the court shall be set out as an unpublished decision in the filed document and a copy of the entire decision shall be tendered along with the document to the court and all parties to the action.”)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