86 results for 'court:"Kentucky Court Of Appeals"'.
[Consolidated.] J. Easton finds that a business owner was improperly awarded attorney fees after the partnership in which he purchased and resold properties had soured because the contract did not expressly provide attorney fees, and the record was insufficient to consider the claim. Reversed.
Court: Kentucky Court Of Appeals, Judge: Easton, Filed On: December 8, 2023, Case #: 2022-CA-1261-MR, Categories: Attorney Fees, Contract
J. Cetrulo finds that defendant was properly convicted of criminal mischief after violating a domestic violence order by breaking into the marital home and destroying a significant amount of property therein. Defendant admitted he had destroyed the property after his wife and police found him inside the home asleep, with a baseball bat next to him. Affirmed.
Court: Kentucky Court Of Appeals, Judge: Cetrulo, Filed On: December 8, 2023, Case #: 2022-CA-1356-MR, Categories: Domestic Violence
J. Easton finds that defendant was properly convicted of trafficking in methamphetamine and heroin because an officer had legitimate cause to stop defendant for walking down the middle of the street in violation of city ordinance, which occurred near a known drug house. Affirmed.
Court: Kentucky Court Of Appeals, Judge: Easton, Filed On: December 1, 2023, Case #: 2023-CA-0113-MR, Categories: Drug Offender, Search
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J. Acree finds that the city board of adjustment improperly granted a permit and setback variance to enable a church to construct a grotto behind its property because boards of adjustment are prohibited by statute from granting variances which contradict zoning regulations and from enlarging or extending previously existing nonconforming uses. Reversed.
Court: Kentucky Court Of Appeals, Judge: Acree, Filed On: December 1, 2023, Case #: 2022-CA-0867-MR, Categories: Municipal Law, Zoning
J. Lambert finds that the planning commission properly approved Verizon's application for the construction of a new cellular antenna tower because the tower would not affect the historic integrity of a local Native American academy, and the landowner was allowed to object to the decision. Affirmed.
Court: Kentucky Court Of Appeals, Judge: Lambert, Filed On: November 17, 2023, Case #: 2021-CA-1163-MR, Categories: Property, Zoning
J. Acree finds that the Kentucky Board of Examiners of Psychology improperly initiated disciplinary proceedings against a psychologist after a grievance was filed against a post-doctoral candidate under her supervision. The board lacked jurisdiction to proceed since the psychologist no longer held a license to practice in Kentucky. Reversed.
Court: Kentucky Court Of Appeals, Judge: Acree, Filed On: November 17, 2023, Case #: 2022-CA-1298-MR, Categories: Licensing, Jurisdiction
J. Jones finds that defendant was improperly denied parole after he was charged with robbery and wanton endangerment as a juvenile for putting a gun to a man's head and stealing his money. Defendant, who was convicted of a lesser crime, had already been sentenced as a juvenile, and the trial court had no authority to resentence him as an adult offender.
Court: Kentucky Court Of Appeals, Judge: Jones, Filed On: November 3, 2023, Case #: 2022-CA-0436-MR, Categories: Juvenile Law, Robbery, Sentencing
J. Caldwell finds that the power company was properly granted summary judgment after a tree trimmer was electrocuted while working away from its right of way. The company was entitled to up-the-ladder immunity since trimming branches away from power lines furthers public safety and prevents outages, and law requires such. Affirmed.
Court: Kentucky Court Of Appeals, Judge: Caldwell, Filed On: November 3, 2023, Case #: 2022-CA-1200-MR, Categories: Immunity, Wrongful Death
J. Dixon finds that a subcontractor was improperly granted summary judgment in claims seeking payment for plumbing work on a hotel project because a factual dispute exists as to whether the lien amount was correct at the time of the filing. Affirmed in part.
Court: Kentucky Court Of Appeals, Judge: Dixon, Filed On: October 27, 2023, Case #: 2022-CA-0361-MR, Categories: Contract
J. Dixon finds that a stepmother was properly allowed to adopt a child against the mother's wishes because the mother, who lived far away in Hawaii, did not exercise all visitation or Skype calls, and she did not call witnesses or present cohesive closing arguments. Affirmed in part.
Court: Kentucky Court Of Appeals, Judge: Dixon, Filed On: October 27, 2023, Case #: 2023-CA-0136-ME, Categories: Family Law
[Consolidated.] J. Taylor finds that the Kentucky Open Government Coalition was entitled to cell phone-based emails and text messages sent between present and past members of the Department of Fish and Wildlife Resources Commission under the state Open Records Act. The Commission did not pay for volunteer members' cell phones, but they used their phones to perform public duties. Meanwhile, the Commission did not request personal texts.
Court: Kentucky Court Of Appeals, Judge: Taylor, Filed On: October 27, 2023, Case #: 2022-CA-0170-MR, Categories: Public Record
J. Cetrulo finds that a bank was properly granted summary judgment in conversion claims contending a property owner's manager used money from her account for his own personal expenses because the owner twice signed powers of attorney authorizing the manager to open accounts and manage the business at his discretion. Affirmed.
Court: Kentucky Court Of Appeals, Judge: Cetrulo, Filed On: October 27, 2023, Case #: 2023-CA-0025-MR, Categories: Conversion, Banking / Lending
Per curiam, the Kentucky Supreme Court finds that attorney Kayce Renae Powell should be suspended from the practice of law for one year because she tied up lower court resources by bringing meritless, disparaging, and threatening reports about the court of appeals, its judges, and opposing attorneys to the governor, the FBI, and other bodies.
Court: Kentucky Court Of Appeals, Judge: Per curiam, Filed On: October 26, 2023, Case #: 2023-SC-0308-KB, Categories: Attorney Discipline
J. McNeill finds that the circuit court improperly dismissed defendant's indictment for trafficking in a controlled substance based on a search warrant uncovering methamphetamine and fentanyl that had been obtained after defendant called 911 to report an overdose because the medical amnesty statute only exempts defendants for possessing controlled substances, not for trafficking. Reversed.
Court: Kentucky Court Of Appeals, Judge: McNeill, Filed On: October 20, 2023, Case #: 2022-CA-1054-MR, Categories: Drug Offender
J. Thompson finds that the trial court properly determined a child had been neglected by his mother based on evidence that the child was severely underweight and that the mother neither provided appropriate nutrition nor prescribed medications. Affirmed.
Court: Kentucky Court Of Appeals, Judge: Thompson, Filed On: October 13, 2023, Case #: 2023-CA-0379-ME, Categories: Family Law
J. Karem finds that the lower court properly ruled for the heirs of plaintiff's sister based on the doctrine of merger regarding proceeds from the future sale of inherited property because plaintiff already sold her half of the property to her sister under an unambiguous agreement in 1997. Affirmed.
Court: Kentucky Court Of Appeals, Judge: Karem, Filed On: October 13, 2023, Case #: 2023-CA-0005-MR, Categories: Property
J. Cetrulo finds that an order confirming a property sale was valid even after the buyers learned the deed misidentified a neighboring lot because the mistaken identification could have easily been ascertained as a matter of public record.
Court: Kentucky Court Of Appeals, Judge: Cetrulo, Filed On: October 13, 2023, Case #: 2022-CA-1416-MR, Categories: Property
J. Karem finds that the general assembly improperly passed omnibus education bill KRS 160.370(2) to give superintendents greater autonomy and power over local boards of education because the contested provisions are local or constitute special legislation prohibited under sections 59 and 60 of the state constitution. Affirmed.
Court: Kentucky Court Of Appeals, Judge: Karem, Filed On: October 6, 2023, Case #: 2022-CA-0964-MR, Categories: Constitution, Education
J. Raider finds that defendant was improperly sentenced to imprisonment following revocation of pre-trial diversion based on his guilty plea to trafficking in a controlled substance. Although he was terminated from a drug court program in 2018 for absconding, the commonwealth did not move to revoke diversion at that time, and the diversionary period has since expired. Reversed.
Court: Kentucky Court Of Appeals, Judge: Jones, Filed On: October 6, 2023, Case #: 2022-CA-1070-MR, Categories: Criminal Procedure, Drug Offender, Sentencing