Kentucky Court of Appeals Decisions (Minutes) for December 13, 2013 (Nos. 1105-1115).

Back side of Historical Marker for Vice President John C. Breckinridge at Old Courthouse in Lexington, KY

Back side of Historical Marker for Vice President John C. Breckinridge at Old Courthouse in Lexington, KY

The Court of Appeals had a light week with 16 cases posted,  2 decisions were designated for publication.

The McVey Estate case dealt with an estate case’s dispute with state over inheritance tax assessments, cost of administration, bequests. In Rhodes v. Com., the other published decision, the COA reversed in part with a remand back to the trial court in an expungement case for addressing the felonies but not the misdemeanors.

In nonpublished decisions, the COA reversed the trial court’s ruling that a legal malpractice claim was timely filed (BDT  v. Meisenheimer, Herron & Steele); reversed trial court’s decision that insurance company did not have duty to defend or indemnify under insurance policy (Horn v. Sesco); affirmed the Fayette Circuit Court in Healthcare Underwriters v. Strange which addressed issues of lack of standing (which was waived by Healthcare) and discretionary denial of an amended pleading.

Kentucky Court of Appeals Decisions (Minutes) for December 13, 2013 (Nos. 1105-1115).

For a copy of this week’s minutes filed at the AOC web site, click here.

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):

1108.  Revenue and taxation.
Estate of Mildred McVey v. Dept. of Revenue
12/13/2013 COA Published

CLAYTON, JUDGE: The Estate of Mildred L. McVey appeals from the April 11, 2012 order of the Franklin Circuit Court concerning an inheritance tax assessment. First, the circuit court reversed the decision of the Kentucky Board of Tax Appeals (hereinafter “KBTA”) and reinstated the decision of the Department of Revenue, Finance and Administration Cabinet (hereinafter the “Department”) that had disallowed the deduction for inheritance taxes as a “cost of administration.” Further, the circuit court reversed the KBTA’s decision regarding the Department’s adjustment to the bequests of certain beneficiaries, wherein the Department had added the value of the estate’s payment of inheritance taxes to the bequests. After careful consideration, we affirm the decision of the circuit court.

1115. Criminal Law. Expungement.
Rhodes v. Commonwealth of Kentucky
12/13/2013 COA Published
MOORE, JUDGE: Rebecca Rhodes appeals the Jefferson Circuit Court’s order denying her motion to expunge the charges against her. After a careful review of the record, we reverse in part because it appears the circuit court only reviewed whether Rhodes’s felony counts could be expunged, and it failed to determine whether Rhodes was entitled to have her misdemeanor expunged. We affirm in part concerning Rhodes’s motion to expunge her felony counts, and we remand for further proceedings to determine if her misdemeanor should be expunged and, if it should, what specific evidence supporting that misdemeanor conviction may be expunged.

Tort, Insurance, Procedure (selected cases):

1105. Legal Malpractice. Statute of Limitations.
BDT Products, Inc. vs. Higgs, Fletcher & Mack
12/13/2013 COA NPO
Following a careful review, we find the circuit court erred when it concluded that BDT’s legal negligence complaint was timely filed within the applicable one- year statute of limitations. Accordingly, we reverse that portion of the circuit court’s May 24, 2011 order and remand for entry of an order consistent with this opinion (2011-CA-001131). Likewise, we affirm the circuit court’s August 1, 2011 order on statute-of-limitations grounds (2011-CA-001475). Because resolving the cross-appeal is dispositive of all other issues, BDT’s remaining direct appeal, 2011-CA-001088, is denied as moot. 

1112. Insurance. Duty to Defend, Indemnity.
Horn v. Sesco
12/13/2013 COA NPO
COMBS, JUDGE: This is an appeal and cross-appeal from a summary judgment of the Martin Circuit Court which ruled that Tower Insurance Company of New York (Tower Insurance) had no duty to defend or to indemnify Brent Horn under the terms of a liability policy that Tower Insurance issued to B & B Contracting, LLC (B & B).1 After our review, we reverse and remand for further proceedings.

1114.  Medical negligence claim; Policy Interpretation.  Civil Procedure (dec action, failure to timely assert lack of standing, judicial discretion to amend pleading).
Healthcare Underwriters vs. Strange
TAYLOR, JUDGE: Healthcare Underwriters Group (Healthcare Group) brings this appeal from an October 18, 2012, Judgment of the Fayette Circuit Court upon a petition for declaration of rights to adjudicate entitlement to insurance coverage. We affirm.


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