Kentucky Court of Appeals Decisions (Minutes ) for October 4, 2013

LawReader Ladies at the Kentucky Bar Association Convention 2013

LawReader Ladies at the Kentucky Bar Association Convention 2013

 

Click here for AOC set of minutes of Kentucky Court of Appeals Decisions (Minutes ) for October 4, 2013 (Nos. 929-956);  28 decisions announced with 1 decision designated “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):

938. Family Law.  Judges award of attorney fees was abuse of discretion and did not have jurisdiction.
Kevin Nesselhauf vs. Christopher Haden
Jefferson Circuit Court
COA Published 10/4/2013

MAZE, JUDGE: Appellants, Kevin and Kelli Nesselhauf (hereinafter “the Nesselhaufs”), appeal from the order of the Fayette Circuit Court awarding attorney’s fees to Appellees, Gregory Baltimore and Ryan Haden, stemming from a custody matter to which they were parties. The Nesselhaufs contend that the trialcourt erred in awarding said fees. We find that the trial court’s order constituted an abuse of discretion, as the court did not have jurisdiction over the issue of attorney’s fees. Therefore, we reverse.

Short notes on tort, insurance and civil procedure cases:

929.  Appeals. Failure to name indispensable party on appeal.
Murphy vs. Ransdell  Mercer County, COA NPO (non published opinion)

948. Policy interpretation re one year contractual limitation for claim under mobile home policy and spouse’s intervention and was spouse not living with insured at time of loss an insured (nope)
Frazier vs. Kentucky Farm Bureau Mut. Ins. Co. Perry County, COA NPO

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