Kentucky Court of Appeals Decisions (Minutes ) for August 16, 2013 (Nos. 784-801); 18 decisions posted and 4 cases are “To Be Published”)

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Historical Marker at Danville,Kentucky, Boyle County Court House

Published and Unpublished Decisions from the Kentucky Court of Appeals for August 16, 2013 (click here for AOC set of minutes)

The Court of Appeals announced 18 decisions this date, designating four of those decisions for publication (“To Be Published”).

Click here for complete list of all archived Court of Appeals Minutes that you can download from the Administrative Office of the Courts web site.

Short summary of the published decisions for this week are (click on the link for the full text of the decision from AOC):

784.  Criminal Law. RCr 11.42.  Ineffective Assistance of CounselGrider v.  Commonwealth of Kentucky
COA reversed and remanded appellant’s post-conviction motion for relief pursuant to RCr 11.42 following Pridham v. Kentucky, 559 U.S. 356 (2010) and Kentucky decisions pertaining to collateral consequences of plea and deportation.

790.  Workers Compensation.  Exclusive Remedy.
Falk v. Alliance Coal, LLC
COA affirmed summary judgmens dismissing claims of estates of three coal miners killed in mining accidents.

After some discovery, Alliance Coal moved for summary judgment in both cases. It claimed it could not be sued because it was the workers’ compensation insurer and Kentucky’s workers’ compensation act gives workers’ compensation carriers immunity from suit. Alliance Coal argued that it was a self-insurer and that it was authorized by statute and administrative regulations to provide workers’ compensation insurance through its own self-insurance program to all of its subsidiaries. The trial court ultimately agreed and granted summary judgment in favor of Alliance Coal in both cases. These appeals followed.

799.  Appeal of interlocutory order.
Wright v.  Swigart

In dismissing this appeal as interlocutory, the trial court cited as precedent this Court’s opinion in Copass v. Monroe County Medical Foundation, Inc., 900 S.W.2d 617 (Ky. App. 1995). Upon further consideration, we concede that the language which we cited from Copass is dicta and is not controlling authority. However, that language accurately states the law concerning the application of the nunc pro tunc rule. Furthermore, the principles discussed in Copass would not preclude the application of the relation-forward doctrine. Nevertheless, we conclude that the relation-forward doctrine does not apply in this case because Wright filed a notice of appeal from a clearly interlocutory order. Therefore, for the reasons that follow, COA held that Wright’s appeal must be dismissed as interlocutory.+\

800. FAMILY LAW.
Ciampa v. Ciampa
COA affirmed family court award requiring appellant (father) to provide $5,800 per month in child support.  Father was an oral surgeon, and according to the parties’ tax returns, their combined income is more than $870,000, which is indisputably outside the income guidelines of the child support charts. The uppermost annual income level listed in the child support guidelines is $180,000. Thus, pursuant to the statutory instructions, the family court “may use its judicial discretion in determining child support in circumstances where combined adjusted parental gross income exceeds the uppermost levels of the guideline table.” KRS 403.212(5).

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