COA: May 26, 2017 Court of Appeals Decisions (Minutes)

Nos. 456-474: 19 Decisions with 2 decisions designated 'to be published'

PUBLISHED DECISIONS:

459.  Easement dispute between neighbors
Vorherr v. Coldiron

460.  Business law.  contract dispute between builders and subs
Mid-South Drywall, Inc. v. 2001 Bryant Road, LLC

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

458.  Civil procedure.  Reversing dismissal for lack of prosecution
Ball v. Withrow

463.  Torts arising from foreclosure action
Koger v. Crowe

468.  Wrongful death and personal injury claim dismissed under exclusivity provisions of workers compensation act.  Release of workers comp settlement examined  for language precluding suit – found none.
Roof v. Johnson

469.  Affirmed dismissal of claim for courthouse door slamming on plaintiff on grounds of sovereign immunity
Beams v. Hart Fiscal Court

MNT05262017

 

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

All decisions regardless of publication are posted and can be read, but those decisions designated not for publication cannot be cited as legal authority.  See, KRCP 76.28(4)(c)(“Opinions that are not to be published shall not be cited or used as binding precedent in any other case in any court of this state; however, unpublished Kentucky appellate decisions, rendered after January 1, 2003, may be cited for consideration by the court if there is no published opinion that would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 Opinions cited for consideration by the court shall be set out as an unpublished decision in the filed document and a copy of the entire decision shall be tendered along with the document to the court and all parties to the action.”)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