Kentucky

By Michael Stevens

COA Argument Calendar for  April 2010

Click HERE for APRIL 2010 oral argument calendar at Court of Appeals.

You will note that no issues were listed under some of the cases below.  The reason is that the COA calendar did not list any issues either (and I do not have access to the briefs etc).

Dates: 

• April 12, 13, 14, 20 - Frankfort

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

DATE:    Monday, April 12, 2010

CAPERTON, HON. MICHAEL O.    CLAYTON, HON. DENISE G.    BUCKINGHAM, HON. DAVID C.

CELINA MUTUAL INSURANCE COMPANY v HARBOR INSURANCE AGENCY, LLC

Appellant appeals the trial court?s grant of summary judgment in favor of the insurance agent and agency; Concerns negligence and indemnification.

LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE,FRANKFORT, KENTUCKY DATE:    Tuesday, April 13, 2010

10:30 am

STUMBO, HON. JANET L.    LAMBERT, HON. JAMES H.    WHITE, EDWIN M.

BETHEL FELLOWSHIP, INC. v ENVIRONMENTAL AND PUBLIC PROTECTION CABINET

MOR appeal from order denying appeal from order of the Environmental and Public Protection Cabinet. Issues are whether the court erred in holding that the Cabinet proved that Appellant was a corporation and that it held title to the subject property. Other issues are whether the Secretary can remand for additional evidence and whether the burden of proof was properly applied.

1:15 AM
DONNA YEAGER v DANIEL DICKERSON

MOR appeal from summary judgment finding that an alleged violation of HIPPA by an attorney during court proceedings does not provide a private cause of action.

12:00 pm
J. HILTON BROOKS v BROOKS FURNITURE MFGRS., INC

When a family owned corporation merged with a Tennessee corporation, the appellant dissented and demanded payment for his shares. Appellant appeals from a judicial appraisal of dissenter?s shares.

12:45 pm
CONNIE HANCOCK v KENTUCKY BOARD OF TAX APPEALS

1:30 pm
THREE RIVERS MEDICAL CENTER v SOPHIA SAVAGE

2:15 pm
THE ESTATE OF DAVID AVANT v KENTUCKY UTILITIES COMPANY

Direct Appeal (2009CA000548): Negligence action in which appellants/cross appellees argue that circuit court erred in granting summary judgment to Kentucky Utilities; Cross Appeal (2009CA00784): Kentucky Utilities cross appeals on the issue of superseding cause.

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

DATE:    Wednesday, April 14, 2010
10:00 am

LARRY HONEYCUTT v NORFOLK SOUTHERN RAILWAY COMPANY
Appellant?s litigation was dismissed for lack of prosecution because the forwarding address for appellant?s attorney had expired. Appellant appeals from the trial court?s failure to reinstate after the dismissal.

10:45 am

DELLA NOE v RANDALL W. WALTERS

11:30 am

WILLIAM DESKINS v IRENE STEPP

12:15 pm

GLORIA EDWARDS v PAUL K. CROLEY II

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

DATE:    Tuesday, April 20, 2010

1:30 pm

TRILLIUM INDUSTRIES, INC. v KENTUCKY UNEMPLOYMENT INSURANCE COMMISSION
Trillium appeals from a finding that it is a successor for R.S. Communications and thereby liable for unemployment insurance obligations attributable to R.S. Communications. Trillium argues that the findings by the unemployment commission and circuit court are not supported by the evidence

Full post as published by Kentucky Cases on April 05, 2010 (boomark / email).