The Court of Appeals posted 16 decisions on Mar. 3, 2017, numbered 206-221 with 4 decisions designated for publication.
Here are direct links to each of the published cases:
207. Criminal Law. Sentencing Evidence.
Palmer v. Commonwealth of Kentucky
Court of Appeals Published Opinion AFFIRMING – Campbell County
214. Real Property. Mineral estate ownership
Potter v. Blue Flame Energy Corp.
Court of Appeals Published Opinion REVERSING and REMANDING – Pike County
215. Divorce. Property Settlement. Claim for diminution in value.
Harvey v. Robinson
Court of Appeals Published Opinion AFFIRMING – Fayette
221. Family Law. Grandparent visitation
Nein v. Columbia
Court of Appeals Published Opinion AFFIRMING – Clark
Selected cases that were not designated for publication in tort, insurance and civil law
206. Underinsured motorist Statute of limitation
Hensley v. State Farm Mutual Automobile Ins. Co.
Court of Appeals Not to Be Published Opinion AFFIRMING – Jefferson County
We previously rendered an opinion reversing and remanding this matter to the trial court. The Kentucky Supreme Court granted discretionary review, vacated our decision, and remanded to us for further consideration in light of State Farm v. Riggs, 484 S.W.3d 724 (Ky. 2016). Having reviewed Riggs, we now affirm.
219. The case of the removed walnut tree and attorneys fees and costs.
Dunaway v. Harrison
Court of Appeals Not to Be Published Opinion AFFIRMING – Estil
220. Medical malpractice and missed sponges and suing the wrong party. No relation back on case of mistaken identity.
Estate of Jeffrey Stevens v. Louisa Home Care Services
Court of Appeals Not to Be Published Opinion AFFIRMING – Lawrence
All decisions regardless of publication are posted and can be read, but those decisions designated not for publication cannot be cited as legal authority. See, KRCP 76.28(4)(c)(“Opinions that are not to be published shall not be cited or used as binding precedent in any other case in any court of this state; however, unpublished Kentucky appellate decisions, rendered after January 1, 2003, may be cited for consideration by the court if there is no published opinion that would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 Opinions cited for consideration by the court shall be set out as an unpublished decision in the filed document and a copy of the entire decision shall be tendered along with the document to the court and all parties to the action.”)
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. 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.
For links to all our posts on the minutes of the Court of Appeals, then click here.
For the index to archived minutes at the official AOC page, then click here.
