COA: May 19, 2017 Court of Appeals Decisions (Minutes)

Nos. 424-456: 33 Decisions with 5 decisions designated 'to be published'

PUBLISHED DECISIONS:

424.  Zoning setback.
Herndon v. Wilson

429.  University disciplinary case and Honor Code.
Chen v. Lowe

433.  Medicaid reimbursement to health care.
Commonwealth of Kentucky Cab. for Health and Family Services v. Saint Joseph Health System, Inc.

441.  Family Law.  Trial judge’s denial of petition for immediate entitlement to custody affirmed
K.(C). v. Cabinet for Health and Family Services, Commonwealth of Kentucky

444.  Reversed minor’s termination of parental rights ruling
R.(H.M.) v  Cabinet for Health and Family Services, Commonwealth of Kentucky

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

426.  Mandatory arbitration provisions and adequacy of consideration examined.
Richmond Health Facilities v. Curry

432.  Untimely filing of claim for damage to home under homeowner’s policy
Romans v. Kentucky Farm Bureau Mut. Ins. Co.

439.  Negligence and Qualified Official Immunity claims arising from UK fan tripping at Rupp arena Basketball game reversed
Williamson v. Saunier (link from PDF corrected here)

MNT05192017

 

All decisions regardless of publication are posted and can be read, but those decisions designated not for publication cannot be cited as legal authority.  See, KRCP 76.28(4)(c)(“Opinions that are not to be published shall not be cited or used as binding precedent in any other case in any court of this state; however, unpublished Kentucky appellate decisions, rendered after January 1, 2003, may be cited for consideration by the court if there is no published opinion that would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 Opinions cited for consideration by the court shall be set out as an unpublished decision in the filed document and a copy of the entire decision shall be tendered along with the document to the court and all parties to the action.”)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

For links to all our posts on the minutes of the Court of Appeals, then click here.

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