Design for Jefferson County Court House, Louisville, Kentucky
The Kentucky Court of Appeals announced 22 decisions on April 10, 2015, with three (3) of their opinions designated to be published.
Click here for links to all the archived AOC Court of Appeals minutes at the web site for the Adminisrative Office of the Courts.
Click here for all of a listing of the Kentucky Court Report’s posts of the weekly COA minutes (or you can always access these within the KCR web site at the uppermost dropdown menu option for the Court of Appeals).
For the complete set of this week’s minutes listed all decisions (published and not to be published) with links to the full text of each at the AOC, the continue reading below the digested summaries of this week’s published cases.
Published appellate cases for week of April 10, 2015:
278. Family Law. Child Support
Darko Moskovitz vs. Zulay Moskovitz
COA Published 4/10/2015
Reversing and Remanding – Woodford Fam Ct.
JONES, JUDGE: This case arises out of the Woodford Circuit Court’s order denying Appellant Darko Moskovitz’s motion to modify child support. The circuit court overruled Darko’s motion on the ground that he could not be physically present in court for a hearing. Darko, a resident of Venezuela, argues that the circuit court abused its discretion because Darko is unable to legally enter the United States. For the reasons set forth below, we REVERSE and REMAND.
286. Juveniles. Trying as adult
J.(T.) v. Judge Bruce Bell
COA Published 4/10/2015
Affirming Fayette
KRAMER, JUDGE: T. J., who was a male child under the age of eighteen at the time this appeal was filed, appeals the Fayette Circuit Court’s order denying his petition for a writ of mandamus which sought an order directing the Honorable T. Bruce Bell to hold a competency hearing prior to holding a hearing to determine if T.J. would be transferred to circuit court to be tried as an adult. After a careful review of the record, we affirm.
290. Post judgment interest on default of installment contract
Service Financial Co. vs. Ashley Nicole Ware
COA Published 4/3/15
Affirming – Franklin
ACREE, CHIEF JUDGE: We granted discretionary review in this case to address Service Financial Company’s appeal of the Franklin Circuit Court’s November 22, 2013 opinion affirming a Franklin District Court order of default judgment that limited post-judgment interest on a retail installment contract to 12% per annum. For the following reasons, we affirm.
Tort Report:
280. Medical Malpractice – expert witness
Tina Miller vs. Paintsville Hospital Co.
COA NonPublished Opinion (NPO) 4/10/2015
Affirming – Johnson County
CLAYTON, JUDGE: Tina Miller appeals the May 8, 2013 Johnson Circuit Court order granting summary judgment to Paintsville Hospital, LLC, D/B/A Paul B. Hall Regional Medical Center (hereinafter “Paintsville Hospital”). The trial court determined that Miller failed to provide expert proof of a deviation from the standard of care and expert proof as to causation, which is required in Kentucky for a medical malpractice case. Further, the trial court denied Miller’s motion for an extension of time to identify another expert as untimely. After careful consideration, we affirm.
288. Torts. Breach of fiduciary duty of power of attorney
Milton Ritchie vs. Kevin Ross Ritchie
COA NPO 4/10/2015
Affirming – Bourbon
D. LAMBERT, JUDGE: Milton Ritchie appeals from orders of the Bourbon Circuit Court granting summary judgment to Kevin Ross Ritchie and Keith Ritchie. At issue is whether several transfers of funds Ritchie made to himself and his son were authorized under his grandfather’s power of attorney.
The circuit court granted summary judgment, ruling that Milton had not been authorized to make the disputed withdrawals under the terms of the Power of Attorney, and ordered him to pay the sums to the beneficiaries of the estate. Milton filed a motion to alter, amend or vacate which was denied, and this appeal followed.
We agree with the circuit court that no issues of material fact exist, and that Milton was unauthorized, as a matter of law, to make the disputed transfers. The summary judgment is therefore affirmed.
292. Suit alleging improper involuntary commitment to Central State
Theresa Gerstle vs. Dr. Tehmina Khan
COA NPO 4/10/14
Affirming in part, Dismissing in part, Remanding – Jefferson County
COMBS, JUDGE: Theresa Gerstle appeals from two orders of summary judgment of the Jefferson Circuit Court that dismissed her action against Central State Hospital and Dr. Tehmina Khan. With respect to Central State Hospital, the appeal was prematurely filed because of a pending motion upon which the Court had not ruled. Thus, the appeal must be dismissed and this case be remanded to allow for a ruling on a pending motion. However, as to the summary judgment entered in favor of Dr. Khan, we affirm.
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