COA: September 29, 2017 Court of Appeals Decisions (Minutes)

Nos. 817-832: 16 Decisions Posted with a five decisions designated 'to be published' with links to full text of each decision


818.  Family Law.
Lewis v. Fulkerson
Family court abused its discretion and committed reversible error when it did not allow attorney who drafted the trust instrument in question to testify when determining whether there was an inter vivos gift from the husband/father to wife/motherLaura of the $1,700,000 LRF Trust corpus.

820.  Family Law. Maritial property division affirmed. Remand on visitation.
Miranda v. Miranda

S.(R.) v. Commonwealth of Kentucky, Cabinet for Health and Family Services

831.  Interlocutory Appeal.  Arbitration agreement not waived.
Wellcare Health Ins. of Kentucky, Inc. v. Trigg County Hospital
WellCare Health Insurance Company of Kentucky, Inc., has taken an interlocutory appeal from circuit court order denying its request to enforce an arbitration agreement between it and Trigg County Hospital, Inc. Because we agree that WellCare did not waive its right to invoke or enforce the arbitration agreement and that, accordingly, the circuit court erred as a matter of law in denying the motion to dismiss, we reverse.

832.  Interpersonal Protective Order (IPO). Held the trial court’s findings of fact were clearly erroneous and application of law was flawed, we reverse.
Halloway v. Simmons

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



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For more information on unpublished decisions and obtaining case information, then continue reading below the fold.

All decisions regardless of publication are posted and can be read, but those decisions designated not for publication cannot be cited as legal authority.  See, KRCP 76.28(4)(c)(“Opinions that are not to be published shall not be cited or used as binding precedent in any other case in any court of this state; however, unpublished Kentucky appellate decisions, rendered after January 1, 2003, may be cited for consideration by the court if there is no published opinion that would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 Opinions cited for consideration by the court shall be set out as an unpublished decision in the filed document and a copy of the entire decision shall be tendered along with the document to the court and all parties to the action.”)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