Weekly COA Argument Calendar for Aug. 14, 15 & 16, 2007

Here are next weeks arguments:

LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE, FRANKFORT, KENTUCKY

DATE: Tuesday, August 14, 2007

11:00 AM HOWARD ACREE LAMBERT
M. B. VS D. W. ET AL.
2006CA002285
Termination of parental rights prior to adoption; whether father abandoned role of father by becoming a woman through gender reassignment surgery.

LOCATION: JEFFERSON COUNTY JUDICIAL CENTER, 10TH FLOOR APPELLATE COURTROOM, 700 WEST JEFFERSON, LOUISVILLE, KENTUCKY

DATE: Tuesday, August 14, 2007

3:00 PM ACREE COMBS TAYLOR
MARILYN JENKINS VS GAIL BEST, M.D. ET AL.
2006CA001277 2006CA001286 2006CA001295
Civil; Medical Malpractice. Did Appellees, either by virtue of common law or contract principles, owe a duty to patient and, having failed in that duty, become liable? Therefore, was summary judgment in favor of Appellees improper?

DATE: Wednesday, August 15, 2007

10:00 AM ACREE COMBS TAYLOR
PETER PAVKOVICH ET AL. VS HANY SHENOUDA ET AL.
2005CA000866 2006CA001334
Civil; Real Estate Sales Contract Arbitration. In the first appeal, did the circuit court err by referring the matter to arbitration where the contract called for arbitration? In the second appeal, does KRS 413.270, commonly referred to as the savings statute operate to toll the running of the time in which a party must initiate arbitration until 90 days after the first appeal is final?
10:45 AM ACREE COMBS TAYLOR
TOMMY SUMSER VS COMMONWEALTH OF KENTUCKY
2006CA000974
Criminal; Probation Revocation. What is the minimum due process required for probation revocation and was that minimum met in this case?
11:30 AM COMBS ACREE TAYLOR
BROWN SPRINKLER CORPORATION VS PLUMBERS SUPPLY CO. ET AL.
2006CA001667
Products warranty and contract dispute; installer challenges ruling that the manufacturer of a sprinkler system had no liability to ultimate user. Installer also alleges error in entry of summary judgment in favor of the distributor.
2:00 PM COMBS ACREE TAYLOR
LILLIAN BASSETT VS BOARD OF REGENTS ET AL.
2006CA002131
Appellant challenges dismissal of her administrative appeal and seeks declaration of rights that she was effectively denied a matter-of-right appeal.

DATE: Thursday, August 16, 2007

10:00 AM TAYLOR ACREE COMBS
REPUBLIC BANK &TRUST COMPANY VS HERBERT ARSDALE
2005CA002449 2006CA001440
05-2449 – Whether cir. Ct. erred by denying appellant’s request to withdraw motion to dismiss; whether cir. Ct. erred by treating appellant’s motion to dismiss without prejudice as a motion to dismiss with prejudice;whether cir. Ct. erred by dismissing action with prejudice as matter had been held in abeyance by agreement of parties. 06-1440 – Whether cir. ct erred by granting summary judgment upon appellant’s counterclaim seeking refund of interest on mortgage note, attorney’s fees and costs.
10:45 AM TAYLOR ACREE COMBS
EMANUAL ELLIOTT VS COMMONWEALTH OF KENTUCKY
2006CA000543
Whether circuit court properly denied motion to suppress evidence seized from appellant’s residence; whether warrantless search of appellant’s residence was constitutional.
11:30 AM TAYLOR ACREE COMBS
SUSAN NIGHTINGALE VS WILLIAM WILLHOITE ET AL.
2006CA001412
Whether workers’ compensation act exclusive remedy provision bars appellant’s personal injury action; whether Louisville/Jefferson County Metro Government is entitled to sovereign immunity.
2:00 PM TAYLOR ACREE COMBS
JAMES WOODARD VS COMMONWEALTH OF KENTUCKY
2006CA001696
Whether appellant was entitled to an evidentiary hearing upon his RCr 11.42 motion to vacate sentence.