Here are the decisions announced and posted by the Court of Appeals in their weekly minutes. 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.
602. Uniform Child Custody Jurisdiction Enforcement Act
Ball v. McGowan
Court of Appeals Published Opinion AFFIRMING IN PART, REVERSING IN PART, REMANDING Boyd Cir Ct
While we agree that the circuit court did not err in its conclusion regarding the Nevada court’s jurisdiction, we do not agree that the Boyd Circuit Court’s only option was dismissal. Under the carefully crafted provisions of the UCCJEA, prior to dismissing for want of jurisdiction, the Boyd Circuit Court is authorized to request that the Nevada court consider “declin[ing] to exercise its jurisdiction . . . if it determines that it is an inconvenient forum under the circumstances and that [the Boyd Circuit Court] is a more appropriate forum.” KRS 403.834(1); NRS2 125A.365.1.
611. Workers Compensation.
Roby v. Trim Masters, Inc.
Court of Appeals Published Opinion REVERSING WCB which had reversed and remanding the matter to the ALJ with instructions to issue particular factual findings regarding permanent partial disability
615. Criminal Law.
Edmonson v. Commonwealth of Kentucky [note that link to this case in original minutes was broke; this one works]
Court of Appeals Published Opinion AFFIRMING Union Cir Ct. denying defendant JNOV and New Trial motions based on juror related to witness for commonwealth discovered after voir dire.
Selected Non-Published Decisions Dealing with tort, insurance and civil procedure:
Hitchcock v. CSX Transportation, Inc.
COA Not to Be Published Opinion AFFIRMING Jefferson Cir Ct order dismissing plaintiff’s case for failure to prosecute.
