COA: September 15, 2017 Court of Appeals Decisions (Minutes)

Nos. 779-777: 19 Decisions Posted with a WHOPPING EIGHT decisions designated 'to be published' with links to full text of each decision


779.  Criminal Law.  Vacated and remanded holding that criminal defendant was effectively without counsel in asserting his motion to withdraw his guilty plea.
Sturgill v. Commonwealth of Kentucky

781  Immunity.  Affirmed circuit court order that at this point in the litigation when no discovery has taken place, dismissal based on immunity is not appropriate.
University of Kentucky. City of Owenton, Ky

784.   Condemnation.  Reversed and remanded order of circuit court in favor of LFUCG.  Held LFUCG did not have right to condemn a portion of appellant’s property, creating a permanent easement for the construction of a large box culvert and drainage system.
Moore v. Lexington-Fayette Urban County Government

787.  Attorney fees and court costs.  Affirming Family Court order that appellant not entitled to indemnity and reimbursement from husband for litigation filed against her by PNC Bank, along with payment for her attorney’s fees.
Callahan v. Callihan

789.  Class Action.  Vacating and Remanding.  Circuit court’s class certification held deficient under CR 23.01, CR 23.02, and CR 23.03.
United Propane Gas Inc v. Purcell

 794.  Criminal Law.  Affirmed conviction and sentence of six years’ imprisonment for Possession of a Firearm by a Convicted Felon.
Sheets v. Commonwealth of Kentucky 796. Status Offense Juvenile.  Since likely to be repeated matter was not moot when child turned 18 during pendency of appeal.  Vacated Carter Family Court’s order finding John to be a status offender for failure by the CDW to follow proper procedure to confer the court with subject matter jurisdiction.
S.(J), Child Under Age Eighteen v. Commonwealth of Kentucky 

797.  Class Actions.  Vacate and remand interlocutory appeal of Nebraska Alliance Realty Company (“NARC”) finding the trial court erred by failing to make all the required findings pursuant to CR 23.
Nebraska Alliance Realty Company v. Brewer

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

785.  Interlocutory appeal of immunity ruling.  Held circuit court does not conclusively determine any disputed question, resolve any right, or otherwise provide this Court with anything to review where its interlocutory order denies a claim of immunity, or any other kind of claim, on the basis that in its view further discovery is needed, or genuine facts remain. Here, the circuit court did not make a finding as a matter of law on the issue of qualified immunity, which we could review. Rather, the circuit court found that there are genuine issues of material fact, making this appealed order interlocutory, which we cannot review. We have repeatedly held that such interlocutory orders are not appealable under any exception, and thus not subject to the jurisdiction of this Cour
Hembree v. Bowman

791.  Medical negligence.  Delayed diagnosis.  Affirmed lower court and rejected patient’s argument that Appellee’s delay in diagnosing her breast cancer resulted in a less optimistic prognosis, that this prognosis supports a claim for damages arising from mental anguish and emotional distress.
Ingram v. Radiology Associates of Northern Kentucky PLLC



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For more information on unpublished decisions and obtaining case information, then continue reading below the fold.

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.