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Posted by Michael Stevens | Jan 17, 2011 | Uncategorized |
this Court will review a family court’s decision to modify a child support order or to deviate from the child support guidelines and determine whether the family court’s decision was an abuse of discretion. Goldsmith v....
Read MorePosted by Michael Stevens | Jan 17, 2011 | Standards of Review |
This case was tried without a jury, the circuit judge acting as fact-finder. An appellate court will set aside a circuit court’s findings of fact only if those findings are clearly erroneous. CR 52.01. In sum, only if reasonable...
Read MorePosted by Michael Stevens | Jan 17, 2011 | Standards of Review |
As noted by the Board, “The essential requirements of due process . . . are notice and an opportunity to respond.” Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532, 546, 105 S. Ct. 1487, 84 L. Ed. 2d 494 (1985). The Board...
Read MorePosted by Michael Stevens | Jan 17, 2011 | Standards of Review |
The standards for reviewing a circuit court’s entry of summary judgment are well-established and were concisely summarized by this Court in Lewis v. B & R Corp., 56 S.W.3d 432 (Ky. App. 2001): The standard of review on...
Read MorePosted by Michael Stevens | Jan 17, 2011 | Standards of Review |
REVIEW OF ADMINISTRATIVE DECISION: When this Court reviews an administrative decision, “if there is substantial evidence in the record to support an agency's findings, the findings will be upheld, even though there may be...
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