Nov. 30, 2012 Court of Appeals Minutes re: premature granting of summary judgment in estate case

Published and Unpublished Decisions from the Kentucky Court of Appeals:

November 30, 2012 Court of Appeals Minutes
Nos. 1098-1114;  27 decisions;   5 Cases To Be Published)

The Tort Report
This special extract of cases is designed for the Kentucky accident and injury lawyers, to include car collision lawyers, personal injury attorneys, from Lexington to Louisville, Bowling Green to Covington, and Pikeville to Paducah!

1104. SUMMARY JUDGEMENT. PREMATURELY GRANTED.
THOMPSON V. ESTATE OF GEORGE PORTER, COA, PUB. 11/30/12
Held summary judgment prematurely granted in matters re probate estate, assertion of claims, etc.

Links to copy of minutes and AOC page:

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Published Cases of Kentucky Court of Appeals
The “hot link” for each case is to the full-text of the decision.

1099. CRIMINAL LAW.
THRASHER (MICHAEL)
VS.
COMMONWEALTH OF KENTUCKY
OPINION AFFIRMING
TAYLOR (PRESIDING JUDGE)
NICKELL (CONCURS) AND VANMETER (CONCURS)
2010-CA-001379-MR
TO BE PUBLISHED
FRANKLIN

TAYLOR, JUDGE: Michael Thrasher, pro se, appeals from a Franklin Circuit Court Order entered June 29, 2010, dismissing his petition for declaration of rights.1 Because we agree with the circuit court that Thrasher failed to show that he exhausted his administrative remedies, we affirm.

1103.  DAMAGES. LAND CONTRACT.
SLONE (ROSA LEA)
VS.
CALHOUN (MICHAEL), ET AL.
OPINION REVERSING
TAYLOR (PRESIDING JUDGE)
NICKELL (CONCURS) AND COMBS (DISSENTS AND FILES SEPARATE OPINION)
2011-CA-000571-MR
TO BE PUBLISHED
KNOTT

TAYLOR, JUDGE: Rosa Lea Slone brings this appeal from a March 10, 2011, judgment of the Knott Circuit Court, dismissing her complaint for damages under a land contract. For the reasons stated, we reverse.

1104.  SUMMARY JUDGEMENT.  PREMATURELY GRANTED. PROBATE MATTER.  FILING CLAIM AGAINST ESTATE
THOMPSON (MAE), AS GUARDIAN AND NEXT FRIEND OF MICHAEL PORTER
VS.
ESTATE OF GEORGE LESTER PORTER, ET AL.
OPINION VACATING AND REMANDING
CLAYTON (PRESIDING JUDGE)
KELLER (DISSENTS AND WILL NOT FILE SEPARATE OPINION) ACREE (CONCURS AND FILES SEPARATE OPINION)
2011-CA-001055-MR
TO BE PUBLISHED
NELSON

CLAYTON, JUDGE: Mae Thompson, as guardian and next friend of Michael Porter, appeals from a summary judgment in favor of the Estate of George Lester Porter; Mary Bernadette Porter, Individually and as Executrix of the Estate of George Lester Porter; J. Chester Porter; and J. Chester Porter and Associates. Mae argues that summary judgment was erroneously granted since genuine issues of material fact exist and also premature since she was unable to conduct discovery. After our review, we conclude that summary judgment was prematurely granted and that genuine issues of material fact remain to be resolved. Thus, we vacate the trial court’s entry of summary judgment and remand this matter for further proceedings.

1107.  CRIMINAL LAW. SENTENCING.  CONDITIONAL DISCHARGE.
WYATT (JEFFREY L.)
VS.
COMMONWEALTH OF KENTUCKY
OPINION REVERSING
CLAYTON (PRESIDING JUDGE)
KELLER (CONCURS) AND MAZE (CONCURS)
2011-CA-001446-DG
TO BE PUBLISHED
MCCRACKEN

CLAYTON, JUDGE: Jeffrey L. Wyatt was granted discretionary review of a McCracken Circuit Court order affirming the revocation of his conditional discharge. Wyatt argues that the revocation was improper because he was not provided with the written conditions of his discharge as required under Kentucky Revised Statutes (KRS) 533.030(5).

1111.  FAMILY LAW.  DE FACTO CUSTODIAN (FAILED TO MEET).
SPREACKER (SANDRA)
VS.
VAUGHN (DENISE), ET AL.
OPINION AFFIRMING
COMBS (PRESIDING JUDGE)
NICKELL (CONCURS) AND CAPERTON (DISSENTS AND FILES SEPARATE OPINION)
2011-CA-002011-ME
TO BE PUBLISHED
GREENUP

COMBS, JUDGE: Appellant, Sandra Spreacker, appeals from an order of the Greenup Family Court which determined appellee Denise Vaughn, the paternal Great-Aunt of the minor child (B.C.), to be the de facto custodian of that child. Spreacker contends that Vaughn does not meet the requirements for de facto custodian status under Kentucky Revised Statute[s] (KRS) 403.270. After our review, we affirm.

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