Casey County Court House, Liberty, Ky. Built 1887. Image courtesy of Keith Vincent, www.CourtHouseHistory.com
Published Court of Appeals appellate cases for this week –
August 28, 2015:
729. Family Law. Child support. CR 59.05
Michelle Bootes vs. Damon Bootes
COA Published Opinion Reversing and remanding; Jefferson County
Appellant moved to amend order per CR 59.05. Although she raised multiple grounds the COA found trial court erred in not including father’s income from secondary employment in it s child support calculations.
730. Criminal Law. Post conviction Motion RCr 11.42
Jeffrey McGaha vs. Commonwealth of Kentucky
COA Published Opinion Affirming; Adair County
Pro se appeal that trial court denied his post conviction motion for relief was refuted by record and order affirmed.
733. Foreclosure on real property.
Gelvic Cubar vs. Town & Country Bank and Trust Co.
COA Published Opinion Affirming. Nelson County.
Affirmed foreclosure of property securing loan when Cubar stopped making paymentsl
Selected Court of Appeal’s “not to be published” decisions on tort, insurance and civil from Aug. 28, 2015:
732. Civil Procedure. Revival of action upon death of defendant.
Kim Jewell vs. Michael Zaher
COA Not to be published opinion Affirming; Jefferson County
Held plaintiff had timely notice of death of death defendant but failed to revive cause of action in time (one year after death of deceased party) per CR 25.01 and KRS 395.278. Affirmed dismissal of claim for statute of limitations.
735. Motion to dismiss and discovery. Tripartite relationship of defense counsel.
Bradley Settles vs. Owners Insurance Co.
COA Not to be published opinion affirming; Casey County
Held appellants were not denied opportunity for discovery when trial court dismissed counterclaim after 20 months had passed between filing of counterclaim and order dismissing allegations contained therein. Also issues of bad faith on insurer’s failure to make counteroffer following demand and tripartite relation of insurance defense counsel discussed.
See “boldfaced” decisions above that are published.
Click here for links to all the archived AOC Court of Appeals minutes at the web site for the Administrative Office of the Courts.
Click here for 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).
AOC version of this week’s decisions can be accessed by clicking here.
The complete set of this week’s minutes listing all decisions (published and not to be published) with links to the full text of each at the AOC, are below following short summaries of this week’s published cases and extracts of tort, insurance and procedure cases.
[gview file=”https://kycourtreport.com/wp-content/uploads/2015/08/MNT08282015.pdf”]
