Extraordinary Remedies – Equity | Kentucky Court Report

STANDARDS OF REVIEW: Of a Decision to deny writ of prohibition

by Michael Stevens | Jul 23, 2012 | Extraordinary Remedies - Equity, Standards of Review | 0 |

Arnett v. Hutchens, COA, NPO, 6/29/2012 STANDARD OF REVIEW The proper standard of review of a decision to deny a writ of prohibition“depends on the class, or category, of writ case.” Grange Mut. Ins. Co. v. Trude, 151 S.W.3d...

Appeals: Preserving error on appeal (instructions, manifest injustice, as applied to judge issues re unjust enrichment and piercing the corporate veil

by Michael Stevens | Jan 22, 2012 | Appeals, Extraordinary Remedies - Equity, Instructions | 0 |

The following published decision addresses the failure to preserve error on appeal relative to instructions. The issues surrounded preserving the error, manifest injustice; within the context of unjust enrichment and...

Equity: Unclean hands doctrine

by Michael Stevens | Apr 3, 2011 | Extraordinary Remedies - Equity | 0 |

Don't see too much of the old equitable doctrines or defenses. This popped up in a contract case. Defense did not work, but thought I would share it with y'all. From Gilbert v. Bowling Green Marine, COA,...

CIVIL (INJUNCTION): The Courier-Journal, Inc.; Lexington Herald-Leader Co.; & Associated Press v. Leonard Lawson; Commonwealth of Kentucky (SC 3/18/2010)

by Michael Stevens | Apr 27, 2010 | Civil Procedure, Criminal Law, Extraordinary Remedies - Equity, SCOKY Monthly Summaries | 0 |

The Courier-Journal, Inc.; Lexington Herald-Leader Co.; & Associated Press v. Leonard Lawson; Commonwealth of Kentucky 2009-SC-000756-I March 18, 2010 Opinion by Chief Justice Minton. All sitting; all concur. Movants filed...

TORTS : Goodman v. Goldberg & Simpson, P.S.C. (COA 10/16/2009)

by Michael Stevens | Dec 16, 2009 | COA Decisions, Extraordinary Remedies - Equity, Property, Wills, Trusts, Estates (Probate) | 0 |

Goodman v. Goldberg & Simpson, P.S.C.2008-CA-000921 10/16/09 2009 WL 3321024 Rehearing PendingOpinion by Senior Judge Harris; Judges Acree and Lambert concurred. The Court affirmed a summary judgment granted in favor of...

UNDERINSURED MOTORIST BENEFITS – UIM, advances, estoppel/waiver of coverage: Bryant v. Hopkins (COA 10/9/2009)

by Michael Stevens | Dec 15, 2009 | COA Decisions, Defenses, Extraordinary Remedies - Equity, Insurance | 0 |

Bryant v. Hopkins2008-CA-002099 10/09/09 2009 WL 3231220 DR PendingOpinion by Judge Lambert; Senior Judge Henry concurred; Judge Stumbo dissented by separate opinion. The Court affirmed an order of the circuit court granting...

CIVIL PROCEDURE – Statute of Limitations (SOL) tolled by conduct of defendant: Tim Emberton v. GMRI Inc. (d/b/a Red Lobster Restaurant #349), et al. (SC 10/29/2009)

by Michael Stevens | Nov 18, 2009 | Civil Procedure, Defenses, Extraordinary Remedies - Equity, SCOKY Decisions | 0 |

Tim Emberton v. GMRI Inc. (d/b/a Red Lobster Restaurant #349), et al.2007-SC-000443-DG October 29, 20092008-SC-000109-DG October 29, 2009Opinion by Justice Scott; all sitting. Emberton sued GMRI after he contracted the hepatitis...

PROPERTY – Prescriptive easement, injunction: Little v. Hall (COA 9/25/2009)

by Michael Stevens | Nov 1, 2009 | COA Decisions, Extraordinary Remedies - Equity, Property | 0 |

Little v. Hall2008-CA-001702 9/25/09 2009 WL 304764Opinion by Judge VanMeter; Chief Judge Combs and Senior Judge Lambert concurred. The Court affirmed an order of the circuit court granting permanent injunctive relief barring...

WRITS – Lack of subject matter jurisdiction in writ filed over property distribution and estate matter: William Goldstein, Executor v. Judge Timothy J. Feeley & Ruby Joann Young-Layer (Real Party in Interest) (SC 8/27/2009)

by Michael Stevens | Oct 11, 2009 | Extraordinary Remedies - Equity, Family Law, Divorce, Juveniles, Jurisdiction, SCOKY Decisions, Wills, Trusts, Estates (Probate) | 0 |

William Goldstein, Executor v. Judge Timothy J. Feeley & Ruby Joann Young-Layer (Real Party in Interest) 2008-SC-000597-MR August 27, 2009 Opinion by Justice Venters. All sitting; all concur. Before the circuit court could...

Criminal Law – determining if getting proper psychiatric treatment following guilty plea but mentally ill, mandamus: Breeden v. Commonwealth (COA 7/17/2009)

by Michael Stevens | Sep 21, 2009 | COA Decisions, Corrections, Criminal Law, Extraordinary Remedies - Equity | 0 |

Breeden v. Commonwealth2008-CA-000243 07/17/2009 2009 WL 2059424Opinion by Judge Stumbo; Judges Keller and VanMeter concurred. The Court affirmed an order of the circuit court denying appellant’s motion for a hearing to...

COA: Lou/Jefferson Metro Gov’t v. FOP — Trial judge abused discretion in enjoining city’s collection of mileage for personal usage of police vehicles

by Michael Stevens | Jan 20, 2009 | COA Decisions, Extraordinary Remedies - Equity | 0 |

Jefferson County Judge Mitch Perry's temporary restraining order against the city of Louisville prohibiting the city from charging police officers for off-duty usage of police vehicles was reversed with the Court of Appeals...

COA: Interactive Media and Entertainment and Gaming Ass’n v. Judge Wingate — Trial Court Prohibited from Seizing internet “gambling” domains

by Michael Stevens | Jan 20, 2009 | COA Decisions, Extraordinary Remedies - Equity | 0 |

The Court of Appeals ruled as follows today in the internet gambling domain case prohibiting the circuit court from seizing the gambling domain names:These consolidated petitions for a writ of prohibition stem from orders of the...

Transfer of circuit cases between divisions and use of extraordinary writs: COX V. JUDGE BRADEN (SC 10/23/2008)

by Michael Stevens | Dec 15, 2008 | Extraordinary Remedies - Equity, SCOKY Decisions | 0 |

WILLIAM CLYDE COX V. HON. PAUL BRADEN CIRCUIT JUDGE and FREIDA JOAN LOVING (REAL PARTY IN INTEREST) EXTRAORDINARY WRITS AND TRANSFER OF CASES BETWEEN TWO DIVISIONS OF CIRCUIT COURT 2008-SC-000376-MR.pdf PUBLISHED:...

Category: Extraordinary Remedies – Equity

STANDARDS OF REVIEW: Of a Decision to deny writ of prohibition

Appeals: Preserving error on appeal (instructions, manifest injustice, as applied to judge issues re unjust enrichment and piercing the corporate veil

Equity: Unclean hands doctrine

CIVIL (INJUNCTION): The Courier-Journal, Inc.; Lexington Herald-Leader Co.; & Associated Press v. Leonard Lawson; Commonwealth of Kentucky (SC 3/18/2010)

TORTS : Goodman v. Goldberg & Simpson, P.S.C. (COA 10/16/2009)

UNDERINSURED MOTORIST BENEFITS – UIM, advances, estoppel/waiver of coverage: Bryant v. Hopkins (COA 10/9/2009)

CIVIL PROCEDURE – Statute of Limitations (SOL) tolled by conduct of defendant: Tim Emberton v. GMRI Inc. (d/b/a Red Lobster Restaurant #349), et al. (SC 10/29/2009)

PROPERTY – Prescriptive easement, injunction: Little v. Hall (COA 9/25/2009)

WRITS – Lack of subject matter jurisdiction in writ filed over property distribution and estate matter: William Goldstein, Executor v. Judge Timothy J. Feeley & Ruby Joann Young-Layer (Real Party in Interest) (SC 8/27/2009)

Criminal Law – determining if getting proper psychiatric treatment following guilty plea but mentally ill, mandamus: Breeden v. Commonwealth (COA 7/17/2009)

COA: Lou/Jefferson Metro Gov’t v. FOP — Trial judge abused discretion in enjoining city’s collection of mileage for personal usage of police vehicles

COA: Interactive Media and Entertainment and Gaming Ass’n v. Judge Wingate — Trial Court Prohibited from Seizing internet “gambling” domains

Transfer of circuit cases between divisions and use of extraordinary writs: COX V. JUDGE BRADEN (SC 10/23/2008)

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