The Court of Appeals posted 18 decisions this week, numbered 875 through 892 with 2 cases designated for publication.

There were two published decisions this week with the first dealing with a motion to suppress a drug seizure by a defendant who was involved in drug court, and the second case dealt with division of property by awarding the wife the marital home.

We had one insurance case in which the court affirmed the trial court’s granting of summary judgment that the individual making a theft claim under a business policy was not the real party in interest.  The insurance policy was taken out by a relative and remained in the relative’s name even though the business was run by his relative and had been set up as a limited liability company.

Published Court of Appeals Decisions
Here are the links to the full text of each published case for this week with a short synopsis or topic listed for each.

878.  Criminal Law.  Search and seizure
Curtis v.  Commonwealth of Kentucky 
This link works  Link in minutes are broken.
Court of Appeals Published Opinion AFFIRMING Fayette Cir Ct. denial of motion to suppress.
Held detectives had a reasonable suspicion that Curtis was selling heroin and the search, done with the knowledge of drug court officers and pursuant to the consent form signed by Curtis, was reasonable.

881.  Family Law.
Smith v. Smith
Court of Appeals Published Opinion AFFIRMING Oldham Cir Ct. findings of fact and conclusions of law awarding his former wife, Amy H. Smith, a non-marital interest in the marital residence and in awarding her spousal maintenance holding no


Selected Not To Be Published Decisions Dealing with tort, insurance and civil procedure:

880.  Insurance Law.  Insurance Coverage. Real Party in interest.
Yacob Smoke Shop, LLC v. Acuity, A Mutual Ins. Co.
COA Not to Be Published Opinion AFFIRMING Jefferson Cir Ct summary judgment that the neither Yacob (Jacob) or the LLC (which was organized later) were the real party in interest in a theft claim as the policy was issued to Yacob’s father in law individually and as a dba.

Other selected not to be published decisions:

Attorneys.

876. Attorney Fees.
Roberts v. Woodhill Park, Inc.

Family Law.

885.  Dissolution of noncharitable irrevocable  family trust
Lewis v. Lewis

895.  Did DRC pressure agreement to visitation?
Wright v. Bramblette

891.  Termination of parental rights
BJC and AJH v. Cabinet for health and Family Services

892.  Termination of parental rights
BJC and AJH v. Cabinet for health and Family Services

Workers Compensation.

874. Workers Compensation. Permanent Partial Disability.
Hampton v. Flav-O-Rich Dairies


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 weeks 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.

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