COA: June 1, 2018 Court of Appeals Decisions (Minutes) Nos. 399-424. 26 decisions posted with 10 decision designated for publication

By considering Scott’s base salary of $18,841 per month, the parties’ income exceeded the highest level contemplated by the guidelines. The trial court properly determined the unvested RSUs would not be considered part of Scott’s income for the purpose of calculating child support. Although the trial court mayhave used its discretion to award more than the guidelines recommended, it was not required to do so. The trial court found the children all participated in one normal extra-curricular activity each, attended public school, and did not have any extraordinary medical needs. It denied Laura’s motion to recalculate the child support award, after finding the children’s needs were within the reasonable needs contemplated by the child support guidelines. We discern no abuse of discretion.

405.  Condemnation for road;
Kuchle Realty Company LLC v.  Commonwealth of Kentucky, Dept. of Transportation
Kenton  Opinion Affirming.

406.  Divorce.  Time sharing children.  Division of property.
Jones v. Livesay
Pulaski.  Opinion Affirmingtrial court’s findings on timesharing with the parties’ minor son and a portion of its classification and division of marital and nonmarital assets.

408.  Statute of limitations accrual on date of note.
Stamper v. Community Financial Services f/d/b/a Bank of Benton
Marshall.  Opinion reversing and remanding.
It is well-settled that “[a] note in which the date of maturity is fixed at a specified future time is not due until the date of maturity and the statute of limitations does not begin to run until after that date.” Gould v. Bank of Independence, 264 Ky. 511, 94 S.W.2d 991, 993 (1936).

409.  Universities.  Step child qualifies for free tuition as child of firefight fallen in line of duty.
Skeens v. University of Louisville
Jefferson.  Opinion reversing and remanding.

413.  Criminal Law.  Inventory search of vehicle.
Commonwealth of Kentucky v.  Roden
Madison.  Opinion reversing and remanding.

414.  Judgment on the pleadings.  Filing mechanics lien.
RLB Properties LTD v. Seiller Waterman LLC
Jefferson.  Opinion affirming in part, reversing in part, and remanding
Trial court erred in dismissing the claims surrounding the filing of a mechanic’s lien and civil conspiracy, but affirm all other aspects of the trial court’s judgment.

416.  Criminal Law.
Camacho v. Commonwealth of Kentucky
Scott.  Opinion affirming
Camacho asserts that the trial court erred when it denied his motion for a directed verdict. Alternatively, Camacho argues that he was denied his right to present a defense when the trial court refused to allow him to question one of the victims about her claim that her uncle subjected her to the same type of sexual abuse she accused Camacho of committing against her. After reviewing the record in conjunction with the applicable legal authorities, we affirm.

419.  Wrongful use of civil proceeding, malicious prosecution, abuse of process.
Demoisey v. Ostermiller
Jefferson.  Opinion affirming.
Appeal from anorder of the Jefferson Circuit Court dismissing claims for wrongful use of civil proceedings/malicious prosecution and abuse of process against Appellee, attorney Peter L. Ostermiller. Finding no error, we affirm.

422.  Criminal Law. Search and seizure.  Traffic stop.
Carr v. Commonwealth of Kentucky
Fayette.  Opinion affirming denial of motion to suppress evidence seized in traffic stop.

424.  Writs of  mandamus and prohibition re release of criminal arraignment proceedings.
WPSD TV  v.   Honl James Jameson
Marshall.  Opinion and Order.
The Petitioners shall be provided a copy of the recording of the criminal arraignment held on February 16, 2018, in Marshall Circuit Court Case No. 18-CR-00030. The Respondent shall refrain from closing any future proceeding in this case which is ordinarily open to the public and shall refrain from sealing any records in this case, except upon motion of a party followed by compliance with the applicable procedures mandated by the jurisprudence cited in this Order.

Selected cases that were not designated for publication in tort, insurance and civil law.  None.  Nada.  Zilch of note.

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You will find the complete list of this week’s decisions below with number, names of parties, case number, lower court (eg., county), etc. with a hot link to the full text of the decision (published and not to be published). See explanatory note following PDF of the decisions below.

NOTE:  You will have to check Case Information for each decision for finality (if not already marked on first page of decision after publication), amendments, rehearing, or other matters including motions for discretionary review (MDR) filed with the Supreme Court of Kentucky.   Click Court of Appeals Minutes for entire listing of weekly minutes.

All decisions regardless of publication are posted and can be read, but those decisions designated not for publication cannot be cited as legal authority.  See, KRCP 76.28(4)(c)(“Opinions that are not to be published shall not be cited or used as binding precedent in any other case in any court of this state; however, unpublished Kentucky appellate decisions, rendered after January 1, 2003, may be cited for consideration by the court if there is no published opinion that would adequately address the issue before the court. Opinions cited for consideration by the court shall be set out as an unpublished decision in the filed document and a copy of the entire decision shall be tendered along with the document to the court and all parties to the action.”)