Fifth Barren County Courthouse, built 1896. Dismantled as unsafe in 1964.

PUBLISHED DECISIONS:

166.  Special Tax Paid in Error,  Refund
Dept. of Revenue, Finance and Administration Cabinet v. Revelation Energy, LLC

171.  Reparation benefits.  Denial, delay, proof of loss and direction of payments.
Andrews v. Travelers Indemnity
Affirmed circuit court and held here is no genuine issue as to any material fact. There are only two facts material to whether BRB payments are overdue. First, Andrews reserved the right to direct payment of BRB. Second, she has not directed payment since reserving the right. Neither fact is disputed. Pursuant to KRS 302.39-241, these facts prevent BRB from being overdue and Travelers was entitled to judgment as a matter of law.

176.  Property Variance.  Administrative appeal.
Moore v. Corbin Board of Adjustment
Dismissed administrative appeal.  An appeal from an administrative decision is a matter of legislative grace and not a right. Kentucky does not recognize a constitutional appeal from an administrative action in addition to a statutory appeal. “[W]hen the right of appeal or the trial court’s jurisdiction is codified as a statutory procedure, as it is in KRS 100.347, then the parties are required to strictly follow those procedures.” Triad Development/Alta Glyne, Inc. v. Gelllhaus, 150 S.W.3d 43, 47 (Ky. 2004). We find no error in the court’s ruling. Therefore, the failure to follow the statutory guideline is fatal.

179. Criminal Law.  Ineffective assistance of counsel, remand.  Pro se appeal. Involuntary guilty plea.
Wells v. Commonwealth of Kentucky

183.  Breach of contract to practice medicine at hospital.
Jackson Hospital Corp. v. United Clinics of Kentucky, LLC

Selected cases that were not designated for publication in tort, insurance and civil law.

181.  Constructive service of summons;  affidavit for warning order required.
Thomas v. Shackleford

******************

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 (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.”)