Kentucky Court of Appeals Decisions (Minutes ) for September 13, 2013 (Nos. 865-889); 25 decisions announced with 3 decisions designated “To Be Published”)

 

Carroll County Courthouse
Photo Taken By Michael Stevens

Published and Unpublished Decisions from the Kentucky Court of Appeals for September 13, 2013.

Click here for AOC set of minutes of Kentucky Court of Appeals Decisions (Minutes ) for September 13, 2013 (Nos. 865-889); 25 decisions announced with 3 decisions 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):

874. Criminal Law
Michael Carrigan vs. Commonwealth of Kentucky
Barren
Judge Phil Patton

COMBS, JUDGE: Joseph Michael Carrigan appeals the judgment of the Barren Circuit Court which found him guilty of nineteen criminal offenses and sentenced him to a total of ten years’ incarceration. After our review, we vacate and remand.

876. FAMILY LAW
Michelle Mattingly vs. John Francis Fidanza
Oldham
Judge Timothy E. Feeley

LAMBERT, JUDGE: Michelle Mattingly (formerly Fidanza) has appealed from the portion of the Oldham Family Court’s findings of fact, conclusions of law, and final decree designating a portion of the UBS financial accounts belonging to her and her former husband, John Francis Fidanza III, as non-marital, as well as from the family court’s order denying her motion to alter, amend, or vacate that order.

We have carefully considered the record and the parties’ arguments, and we agree with Michelle that the family court failed to make sufficient findings of fact to support its decision. Therefore, we reverse the family court’s judgment and remand for further proceedings.

886. Family Law
C.(M.L.) vs. Cabinet for Health and Family Services
Lawrence, Judge Janie McKenzie-Wells

LAMBERT, JUDGE: M.L.C. appeals from the Lawrence Family Court’s June 28, 2012, orders terminating her parental rights to her children, B.B.L. and H.A.C. After careful review of the record, we vacate the orders of the trial court and remand for proceedings consistent with this opinion.

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