This week’s decisions announced and posted by the Court of Appeals in their weekly minutes may not yet be final. Please note that you will have to check Case Information for each decision for finality, amendments, rehearing, or other matters including motions for discretionary review (MDR) filed with the Supreme Court of Kentucky.
Published Court of Appeals Decisions
Here are the links to the full text of each published case for this week with a short synopsis.
674. Family Law. DVO Violations and Facebook postings.
Kevin Morris v. Elizabeth Morris
Court of Appeals Published Opinion AFFIRMING IN PART AND REVERSING IN PART Jefferson Cir Ct. Trial court did not abuse its discretion when it extended the DVO, but the trial court’s attempt to vacate that order was null because the trial court no longer had jurisdiction over it. The trial court’s attempt to vacate its contempt order by agreement of the Appellee after the notice of appeal had already been filed with our Court. A trial court’s authority to act after a notice of appeal has been filed is very limited. While there is authority to vacate an order that has been appealed in certain extraordinary circumstances, the agreement of one of the parties is not one of those circumstances.
The wife moved the husband “was violating the DVO by making threatening Facebook posts. Specifically, Appellant posted: “just saying if anyone killed the b*tch right now, I wouldn’t grieve the loss.” He further posted: “watching and waiting” on his Facebook page at a location close to Appellee’s mother’s home. Additionally, he posted: “I wouldn’t piss on her if she were on fire” and “I know she is at her mom’s.” Appellee stated in her motion that her mother’s house is 1.9 miles from the location that Appellant cited on his Facebook page.”
Selected Non-Published Decisions Dealing with tort, insurance and civil procedure:
675. Qualified immunity issues addressed in negligence claim for school incident when child injured on school property on inflatable slide.
Walker v. Brock
COA Not to Be Published Opinion AFFIRMING Knox Cir Ct. summary judgment dismissing claims under qualified official immunity, recreational use statute, Teacher Protection Act.
679. Denial of motion to set aside default judgment not abuse of discretion.
Mercer v. Brewer
COA Not to Be Published Opinion AFFIRMING Pike Cir Ct. order denying motion to set aside default judgment
680. Dismissal. Failure to prosecute.
Gaines-Gentry Thoroubreds, LLC v. Clay Ward Agency Incorporated
COA Not to Be Published Opinion AFFIRMING Fayette Cir Ct dismissal for failure to timely prosecute. Judge did not abuse discretion.
682. Suit arising from robbery at Domino’s Pizza store resulting in shooting death of person in vicinity
Johnson v. Seagle Pizza, Inc,
COA Not to Be Published Opinion AFFIRMING IN PART, AND REVERSING AND REMANDING IN PART Warren Cir Ct summary judgment dismissing claims against several of the defendants. The defendants moved to dismiss the complaint, and the trial court granted the motions, finding the fleeing robber’s actions to be not reasonably foreseeable. Johnson appealed the dismissal of Seagle, the Domino’s Pizza appellees, and English. For the reasons stated herein, this Court affirms the Warren Circuit Court’s order granting summary judgment to the Domino’s Pizza appellees, but reverses the order granting summary judgment to Seagle and English and remands for discovery.
