Mar. 21, 2014 Court of Appeals Minutes — RE: loan guarantees; curtesy interest in life insurance; standing to appeal attorney fees award; Social Security and child support; government immunity for college

Five published decisions (239-265) from the Kentucky Court of Appeals for Mar. 21, 2014:

269.  Loan Guarantees and KRS § 371.065.
Buridi v. The Leasing Group Pool II, LLC
Jefferson County, COA Pub 3/21/2014

COA affirmed summary judgment in which trial court enforced personal guarantees of doctors  upon default by KMC.  The doctors admit signing the guaranties, but dispute their enforceability under KRS § 371.065(1), claiming the summary guaranties do not “expressly refer” to the leases the Appellees say they guaranteed. The trial court found an internal reference in the guaranties made them statutorily sound and enforceable and awarded summary judgment to Appellees. 

274. Curtesy.
Kiphart, Individually and as Trustee vs. John Wesley Bays
Knox County, COA PUB 3/21/2014

COA reversed and remanded trial court award of a curtesy interest in the proceeds of deceased wife’s life insurance proceeds.

287.  Family Law.  Child Support. Social Security.
S.N.J. vs. G.C.D.
Jefferson County, COA PUB 3/21/2014

COA reversed family court judge’s order that mother reimburse father for an “overpayment” of child support from the child’s retroactive lump sum Social Security benefit.

292.  Workers Compensation. Attorney’s fees and standing.
Ashlock vs. Commonwealth of Kentucky
Workers Comp, COA PUB 3/21/2014

COA found attorney had no standing to appeal board’s ruling on attorney fees.

For a complete list of archived minutes at Court of Appeals, click here.

Selected Unpublished Tort, Insurance and Civil Procedure Decisions from COA Mar. 21, 2014:

282.  Government immunity.
Ashland Community College vs.  Faith Steele
Boyd County, COA NPO 3/21/2014

Ashland Community and Technical College (ACTC) appealed circuit court order denying its motion to dismiss a negligence action based upon sovereign and governmental immunity. We reverse and remand with directions to dismiss the underlying complaint upon the basis of governmental immunity. 

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