Feb. 2012 Court of Appeals Argument Calendar

Click here for entire calendar for this month at AOC.

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LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE,
FRANKFORT, KENTUCKY
DATE: Tuesday, February 7, 2012

1:00 pm
BRIAN LEMONS v COMMONWEALTH OF KENTUCKY
Appeal from a conditional guilty plea to 2nd degree manslaughter and assault under EED.   Denial of motion to dismiss indictment based on self-defense immunity provision of KRS 503.085. Sufficiency of evidence supporting finding of probable cause; timeliness of motion, applicable standard of review.

1:55 pm
U.S. NATIONAL BANK ASSOCIATION, AS SUCCESSOR IN INTEREST v AMERICAN GENERAL HOME EQUITY, INC.
Consolidated appeals following foreclosure sale and distribution of proceeds to pay ad valorum tax liens.  Whether amount of "credit bid" in foreclosure sale can be considered part of sale proceeds. Liability of foreclosing mortgage company for payment of "credit bid" amounts for senior tax liens.

LOCATION: JEFFERSON COUNTY JUDICIAL CENTER, 10TH FLOOR APPELLATE
COURTROOM, 700 WEST JEFFERSON STREET, LOUISVILLE,
DATE: Wednesday, February 15, 2012

1:00 pm
DERICK DULIN v COMMONWEALTH OF KENTUCKY
Whether circuit court properly denied CR 60.02 motion.

1:45 pm
BRIAN BROWN v COMMONWEALTH OF KENTUCKY
Whether appellant should have been sentenced as a juvenile.

2:30 pm
S. R. L., A CHILD UNDER EIGHTEEN v COMMONWEALTH OF KENTUCKY
11-CA-110 – Whether circuit court erred by exercising jurisdiction over appellant charged with “beyond control of school”. 11-CA-111 – Appeal from status offender adjudication. Appellant alleges that Family Court lacked subject matter jurisdiction.

LOCATION: JEFFERSON COUNTY JUDICIAL CENTER, 10TH FLOOR APPELLATE
COURTROOM, 700 WEST JEFFERSON STREET, LOUISVILLE,
DATE: Thursday, February 16, 2012

10:00 am
SHIVLEY CENTER, LLC v TEXAS ROADHOUSE OF DIXIE HIGHWAY, LLC
MOR appeal from grant of summary judgment in suit filed to seek declaratory judgment, injunctive relief and damages in regard to purchase of commercial property and whether the chose in action to enforce payment of parking charges was transferred to purchaser. Issues are the construction of contract, availability of remedy, applicability of laches and waiver and unjust enrichment.

10:45 am
LEONARD ROBINSON v COUNTRYWIDE HOME LOANS SERVICING, LLP
MOR appeal from judgment in home foreclosureaction. Issues include whether Appellee Countrywide has standing to foreclose without having recorded the assignment of the mortgage from its predecessor, and whether Appellants were fraudulently induced to enter into the mortgage agreement

11:30 am
SMD ENTERPRISES, LLC v STEVE MASIELLO
MOR appeal from sua sponte order dismissing action with prejudice. Issue at the trial court was whether a contract entered into in Kentucky is enforceable where the purpose of the contract is not legal in this state but is legal in the state in which the purpose is carried out. Issues on appeal include whether trial court acted properly in its sua sponte order, whether Appellee was agent of Appellant, whether trial court could have enforced the valid provisions.

1:00 pm
DAVID LEWIS HARRIS v SUSAN ELIZABETH HARRIS
Whether circuit court erred by granting three-year extension on domestic violence order.

1:45 pm
PAULA B. BROWN v LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT
Whether circuit court erred by determining that the Civil Service Commission abused its discretion by excluding certain evidence.

2:30 pm
BRYAN FULLER v JOANN BLAIR
Whether appellee was “owner” of dog within meaning of KRS 258.235.

LOCATION: FAYETTE COUNTY CIRCUIT COURT, COURTROOM I, 4TH FLOOR,
120 NORTH LIMESTONE, LEXINGTON, KENTUCKY
DATE: Wednesday, February 29, 2012

10:00 am
COMMONWEALTH OF KENTUCKY, v LEXINGTON H-L SERVICING, INC.
At issue is whether the circuit court erred in awarding costs and attorneys' fees to two Kentucky newspapers pursuant to KRS 61.882 (5) following a finding that the Cabinet for Health and Family Services "willfully withheld" records in violation of the Kentucky Open Records Act. The Cabinet had relied upon opinions from Kentucky's Attorney General and a number of state and federal law exemptions in denying the newspapers' open records requests.

10:45 am
LAURENCE H. KANT v LEXINGTON THEOLOGICAL SEMINARY
Civil Case: Appeal from summary judgment; issues involve the “ministerial exception” in a termination of employment case

11:30 am
RANDALL L. STATHERS v GARRARD COUNTY BOARD OF EDUCATION
Civil; Summary Judgment; Immunity: Appeal (1) Whether the trial court erred in granting the appellees summary judgment on the basis that the appellants’ expert opinion failed to establish a causal connection between the appellees’ conduct and the damage to the appellants’ homes. (2) Whether the trial court erred in finding the appellants failed to submit sufficient lay testimony to establish the requisite causal connection. Cross-Appeal – Whether the Garrard Co. Board of Education is entitled to governmental immunity.

1:00  pm
JIMMY KIRBY v LEXINGTON THEOLOGICAL SEMINARY
Case of first impression in which Appellant appeals a dismissal from circuit court for lack of
subject-matter jurisdiction under the religion clauses of the First Amendment to the Constitution.  Interpretation of Ecclesiastical Abstention Doctrine.

1:45 pm
MARY B. CALHOUN v CHARLES E. PROVENCE II.
MOR appeal and cross appeal from Jury trial in personal injury case resulting in verdict for appellant. Issues are 1)whether trial court erred in bifurcating of trial; 2) whether trial court erred in directing verdict for two defendants, 3) whether trial court erred in failing to grant directed verdict and grant new trial to appellant/plaintiff on issue of causation, 4) whether trial court erred in excluding evidence, 5) whether as a matter of law title passed from one dealer to another thereby passing legal responsibility for insurance coverage.

 

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