Kentucky Cases ©   Coverage   Help   Search Westlaw   Topic: AllBusiness Organizations LawCivil RightsCommercial Law & ContractsCriminal JusticeEnergyEnvironmental LawEstate Planning & ProbateFamily LawFinance & BankingGovernment BenefitsGovernment ContractsHealth & MedicineInsuranceLabor & EmploymentLegal EthicsPension & Retirement BenefitsProducts LiabilityProfessional MalpracticeReal PropertyTaxationTort LawWorkers Compensation J. STAN DEVELOPMENTS, LLC and J. Stan Minnic, individually, Appellants v. Michael LINDO, Appellee. , Ky.App., November 20, 2009 Appeal from Jefferson Circuit Court, Action No. 05-CI-010917; F. Kenneth Conliffe, Judge. Steven D. Yater, Louisville, KY, for Appellants. F. Larkin Fore, Louisville, KY, for Appellee. Before CAPERTON and DIXON, Judges; HENRY, [FN1] Senior Judge. FN1. Senior Judge Michael L. Henry sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Constitution and Kentucky Revised Statute 21.580. OPINION DIXON, Judge. Appellants, J. St... Barry BRANHAM, Appellant v. Vicki BRANHAM, Appellee. , Ky.App., November 20, 2009 Appeal from Johnson Family Court, Action No. 07-CI-00588; Janie McKenzie- Wells, Judge. Brian Cumbo, Inez, KY, for appellant. Don A. Bailey, Louisa, KY, for appellee. Before NICKELL and WINE, Judges; HARRIS, [FN1] Senior Judge. FN1. Senior Judge William R. Harris sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Constitution and Kentucky Revised Statutes (KRS) 21.580. OPINION HARRIS, Senior Judge. Barry Branham appeal... Cynthia M. CARPENTER, Appellant v. Ben L. CARPENTER, Appellee. , Ky.App., November 20, 2009 Appeal from Madison Family Court, Action No. 05-CI-01281l Jeffrey M. Walson, Judge. Lola Philpot Lewis, Lexington, KY, for appellant. Lori B. Shelburne, Lexington, KY, for appellee. Before: KELLER and NICKELL, Judges; LAMBERT, [FN1] Senior Judge. FN1. Senior Judge Joseph E. Lambert sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Constitution and Kentucky Revised Statutes (KRS) 21.580. OPINION LAMBERT, Senior Judge. ... Cynthia NEELEY, Appellant v. COMMONWEALTH of Kentucky, Appellee. , Ky.App., November 20, 2009 Appeal from Fayette Circuit Court, Action No. 08-CR-00206 and 08-CR-00206- 002; Kimberly N. Bunnell, Judge. Roy A. Durham, Assistant Public Advocate, Department of Public Advocacy, Frankfort, KY, for appellant. Jack Conway, Attorney General of Kentucky, David W. Barr, Assistant Attorney General, Frankfort, KY, for appellee. Before COMBS, Chief Judge; THOMPSON, Judge; HARRIS, [FN1] Senior Judge. FN1. Senior Judge William R. Harris sitting as Special Judge by assignment of the Ch... David NEWMAN, Appellant v. The ESTATE OF Joseph K. HOBBIC, Appellee. , Ky.App., November 20, 2009 Appeal from Jefferson Circuit Court, Action No. 05-CI-010954; Geoffrey P. Morris, Judge. Harry B. O'Donnell IV, Louisville, KY, for Appellant. B. Frank Radmacher III, Stephen A. Schwager, Louisville, KY, for appellee. Before CLAYTON, MOORE, and VANMETER, Judges. OPINION CLAYTON, Judge. This appeal comes from the award of both compensatory and punitive damage after a jury trial. Based upon the following, we affirm the decision of the trial court. BACKGROUND INFORMATION Appellant,... Morris BOBO and Mildred Bobo, Appellants v. NATIONAL SERVICE INDUSTRIES; Badham Insulation; Henry A. Petter Supply Company; 4520 Corporation; Georgia-Pacific Corporation; Robertson-Ceco Corporation; Westinghouse Electric; General Electric Company; , Ky.App., November 20, 2009 appeal From McCracken Circuit Court, Action No. 02-CI-00048; R. Jeffrey Hines, Judge. Rick A. Johnson, Paducah, KY, Kenneth L. Sales, Joseph D. Satterley, Paul J. Kelley, Louisville, KY, for appellants. Ben T. White, William P. Swain, John B. Moore, Rebecca F. Schupbach, Scott T. Dickens, Gregory Scott Gowen, Berlin Tsai, John K. Gordinier, Louisville, KY, M. Denise Moretz, Knoxville, TN, Max S. Hartz, Owensboro, KY, Eric A. Ludwig, Atlanta, GA, Stephen E. Smith, Jr., Paducah, KY, Rania M... Jamie Robert WADE III, Appellant v. FARMERS NATIONAL BANK, Appellee. , Ky.App., November 20, 2009 Appeal From Marion Circuit Court, Action No. 97-CI-00171; Doughlas M. George, Judge. Jamie R. Wade, III, Lebanon, KY, for appellant. Joseph H. Mattingly, III, Lebanon, KY, for appellee. Before: CLAYTON and TAYLOR, Judges; KNOPF, [FN1] Senior Judge. FN1. Senior Judge William L. Knopf sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Constitution and Kentucky Revised Statutes (KRS) 21.580. OPINION AND ORDER CLAYTON, Judge.... LAWYERS MUTUAL INSURANCE COMPANY OF KENTUCKY, Appellant v. Paul STEWART, Appellee. , Ky.App., November 20, 2009 Appeal from Knox Circuit Court, Action No. 07-CI-00320; John Knox Mills, Judge. Darrell L. Saunders, Corbin, KY, for Appellant. Ralph W. Hoskins Corbin, KY, for Appellee. Before NICKELL and WINE, Judges; HARRIS, [FN1] Senior Judge. FN1. Senior Judge William R. Harris sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Constitution and KRS 21.580. OPINION WINE, Judge. Lawyers Mutual Insurance Company of Kentucky ("Lawyer... INTER-TEL, INC.; and Inter-Tel Technologies, Inc., Appellants v. LINN STATION PROPERTIES, LLC; and Integrated Telecom Services Corporation, Appellees. , Ky.App., November 20, 2009 Appeal from Jefferson Circuit Court, Action No. 03-CI-005485; Irv Maze, Judge. Scott D. Spiegel, William H. Mooney, Jessica Tipton Sorrels, Louisville, KY, for appellants. Ridley M. Sandidge, Jr., Louisville, KY, for appellee, Linn Station Properties, LLC. Before CAPERTON and DIXON, Judges; HENRY, [FN1] Senior Judge. FN1. Senior Judge Michael L. Henry sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Constitution and Kentu... Harry ARTERBURN and Darcus Arterburn, Appellants v. FIRST COMMUNITY BANK; Rural Development, f/k/a Farmer's Home Administration; United States Attorney General; Ballard County, Kentucky; and Hon. Mark S. Medlin, Master Commissioner, Appellees. , Ky.App., November 20, 2009 Appeal from Ballard Circuit Court, Action No. 08-CI-00038; Timothy A. Langford, Judge. S. Boyd Neely, Jr., Rebecca P. Biehslich, Mayfield, KY, for appellant. L. Lansden King, Todd A. Farmer, Paducah, KY, for appellee, First Community Bank and Rural Development, f/k/a Farmer's Home Administration. Mark S. Medlin, La Center, KY, for appellee, Ballard County Master Commissioner. Before ACREE and CLAYTON, Judges; HARRIS, [FN1] Senior Judge. FN1. Senior Judge William R. Harris si... Eddie Dwayne MUNCY, Appellant v. COMMONWEALTH of Kentucky, Appellee. , Ky.App., November 20, 2009 Appeal from Bell Circuit Court, Action No. 06-CR-00085; James L. Bowling Jr., Judge. Gene Lewter, Department of Public Advocacy, Frankfort, KY, for appellant. Jack Conway, Attorney General of Kentucky, Todd D. Ferguson, Assistant Attorney General, Frankfort, KY, for appellee. Before NICKELL and VANMETER, Judges; LAMBERT, [FN1] Senior Judge. FN1. Senior Judge Joseph E. Lambert sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentuc... Rhoda FALLER, Appellant v. ENDICOTT-MAYFLOWER, LLC; Professional Property Managers, LLC; and Rader Enterprises, Inc., d/b/a Buck's Restaurant, Appellees. , Ky.App., November 20, 2009 Appeal from Jefferson Circuit Court, Action No. 05-CI-010758; Susan Schultz Gibson, Judge. Glenn A. Cohen, Lynn M. Watson, Louisville, KY, for appellant. Robert E. Stopher, Robert D. Bobrow, Louisville, KY, for appellees, Endicott-Mayflower, LLC and Professional Property Managers, LLC. R. Hite Nally, Russell H. Saunders, Louisville, KY, for appellee, Rader Enterprises, Inc. d/b/a Buck's Restaurant. Before COMBS, Chief Judge; NICKELL and TAYLOR, Judges. OPINION NICKELL, Judge. R... Basil TURBYFILL, Appellant v. EXECUTIVE BRANCH ETHICS COMMISSION, Appellee. , Ky.App., November 20, 2009 Appeal from Boyle Circuit Court, Action No. 08-CI-00148; Darren W. Peckler, Judge. Patrick F. Nash, Joe A. Jarrell, Lexington, KY, for appellant. John R. Steffen, Dana Nickles, Frankfort, KY, for appellee. Before NICKELL, THOMPSON and WINE, JUDGES. OPINION THOMPSON, Judge. The issue in this appeal is whether the Kentucky Executive Branch Ethics Commission (EBEC) has authority to pursue an administrative proceeding for the purpose of sanctioning Basil Turbyfill, who was previously ... David WATERS, Appellant v. CITY OF PIONEER VILLAGE, Appellee. , Ky.App., November 20, 2009 Appeal from Bullitt Circuit Court, Action No. 06-CI-00416; Stephen P. Ryan, Judge. William R. Wilson, Shepherdsville, KY, for appellant. Mark E. Edison, Shepherdsville, KY, for appellee. Before CLAYTON, MOORE, and VANMETER, Judges. OPINION CLAYTON, Judge. David Waters ("Waters") has appealed from the Bullitt Circuit Court's order granting a judgment against him for the breach of an employment contract. Because the trial court correctly interpreted the applicable statute, we affirm... TECO MECHANICAL CONTRACTOR, INC., Appellant v. COMMONWEALTH of Kentucky, ENVIRONMENTAL AND PUBLIC PROTECTION CABINET, DEPARTMENT OF LABOR; Kentucky State Building and Construction Trades Council, AFL-CIO; Associated General Contractors of KY., Inc., Ky.App., November 20, 2009 Appeal from Franklin Circuit Court, Action No. 05-CI-00464; Phillip J. Shepherd, Judge. David J. Guarnieri, Frankfort, KY, for Appellant. Mark F. Bizzell, Frankfort, KY, for Appellee Commonwealth of Kentucky, Environmental and Public Protection Cabinet, Department of Labor. David A. Velander, Louisville, KY, for Appellee Mechanical Contractors Association of Kentucky, Inc. Everett C. Hoffman, Louisville, KY, for Appellee Kentucky State Building and Construction Trades Council, AFL-CI... McDONALD'S CORPORATION, Appellant v. Louise OGBORN, Donna J. Summers, and Kim Dockery, Appellees. , Ky.App., November 20, 2009 Appeal from Bullitt Circuit Court, Action No. 04-CI-00769; Tom Mcdonald, Judge. Steven T. Catlett, Chicago, IL, Margaret E. Keane, James W. Herr, Louisville, KY, for appellant. Ann Oldfather, Kirsten R. Daniel, Vicki L. Buba, Louisville, KY, for appellee, Louise Ogborn. Glenn Cohen, Paul J. Hershberg, Cynthia L. Effinger, Louisville, KY, for appellee, Donna J. Summers. Frank Hampton Moore, Jr., Matthew P. Cook, Bowling Green, KY, for appellee, Kim Dockery. Before ACREE, TAYLOR an... REVENUE CABINET (n/k/a Finance and Administration Cabinet, Department of Revenue), Commonwealth of Kentucky, Appellant/Cross-Appellee v. ASHWORTH CORPORATION (n/k/a Ashworth, LLC), HT-Forum, Inc. (n/k/a HTF, LLC); and D Aviation Services, Inc. (n/k, Ky.App., November 20, 2009 Appeal and Cross-Appeal from Franklin Circuit Court, Action No. 06-CI-00288; Thomas D. Wingate, Judge. Laura Ferguson, Frankfort, KY, for appellant/cross-appellee. Mark F. Sommer, Louisville, KY, Jennifer S. Smart, Lexington, KY, for appellees/Cross-appellants. Before CLAYTON, NICKELL, and VANMETER, Judges. OPINION VANMETER, Judge. The Revenue Cabinet, Commonwealth of Kentucky (n/k/a Finance and Administration Cabinet, Department of Revenue) (the Cabinet) appeals from the Frankli... MARY ASHLEY PAYNE v. RICKEY LYNN CASEBOLT , Ky.App., November 20, 2009 APPEAL FROM LAUREL FAMILY COURT HONORABLE DURENDA LUNDY LAWSON, JUDGE ACTION NO. 08-D-00173 NOT TO BE PUBLISHED REVERSING * * * * * * * * * * BEFORE: NICKELL AND WINE, JUDGES; HARRIS, [FN Double] SENIOR JUDGE. HARRIS, SENIOR JUDGE: Mary Payne appeals from a Laurel Family Court order entered on January 13, 2009, finding her in contempt for the violation of a domestic violence order and imposing a jail sentence. On February 12, 2009, Payne filed her notice to appeal in the trial ... EDWARD H. FLINT v. COACH HOUSE, INC.; COACH HOUSE BOARD OF DIRECTORS; IRVINE COHEN--PRESIDENT; ARON SCHWARTZ--VICE PRESIDENT; SHIRLEY SERGEANT--TREASURER; NORMA SAVAGE-- SECRETARY; NANCY OSTERTAG--DIRECTOR; LUCILLE BARRICKMAN--DIRECTOR; FRA, Ky.App., November 20, 2009 APPEAL AND CROSS-APPEAL FROM JEFFERSON CIRCUIT COURT HONORABLE IRV MAZE, JUDGE ACTION NO. 07-CI-010558 NOT TO BE PUBLISHED AFFIRMING * * * * * * * * * * BEFORE: CAPERTON AND DIXON, JUDGES; HENRY, [FN Double] SENIOR JUDGE. HENRY, SENIOR JUDGE: Edward H. Flint appeals from an opinion and order of the Jefferson Circuit Court which granted summary judgment to Coach House, Inc. and its board of directors. The appellees have cross-appealed from an order dismissing their counterclaim ... KENNETH KININMONTH AND SANDRA KININMONTH, AS PARENTS AND NEXT FRIENDS OF HEATHER KININMONTH v. KENTUCKY FARM BUREAU MUTUAL INSURANCE COMPANY , Ky.App., November 20, 2009 APPEAL FROM JEFFERSON CIRCUIT COURT HONORABLE AUDRA ECKERLE, JUDGE ACTION NO. 07-CI-008539 NOT TO BE PUBLISHED AFFIRMING * * * * * * * * * * BEFORE: CAPERTON AND DIXON, JUDGES; HENRY, [FN Double] SENIOR JUDGE. HENRY, SENIOR JUDGE: Kenneth and Sandra Kininmonth, as the parents of Heather Kininmonth, appeal the Jefferson Circuit Court's granting of summary judgment in favor of Appellee Kentucky Farm Bureau Mutual Insurance Company ("KFB") as a matter of right. For the reasons stat... APPALACHIAN REGIONAL HEALTHCARE, INC., D/B/A MIDDLESBORO ARH v. RAY TYLER VANHUSS; MEREDITH J. EVANS, M.D.; AND CAROL E. ROSE, M.D. , Ky.App., November 20, 2009 APPEAL FROM BELL CIRCUIT COURT HONORABLE JAMES L. BOWLING JR., JUDGE ACTION NO. 05-CI-00367 NOT TO BE PUBLISHED AFFIRMING * * * * * * * * * * BEFORE: KELLER, MOORE, AND TAYLOR, JUDGES. TAYLOR, JUDGE: Appalachian Regional Healthcare, Inc., d/b/a Middlesboro ARH (Appalachian Regional) brings this appeal from an October 13, 2008, amended judgment of the Bell Circuit Court awarding Ray Tyler VanHuss damages in the amount of $387,800. We affirm. On August 10, 2004, VanHuss was adm... DAVID NICHOLS v. THE LEBANON ENTERPRISE NEWSPAPER , Ky.App., November 20, 2009 APPEAL FROM MARION CIRCUIT COURT HONORABLE DOUGHLAS M. GEORGE, JUDGE ACTION NO. 08-CI-00270 NOT TO BE PUBLISHED AFFIRMING * * * * * * * * * * BEFORE: COMBS, CHIEF JUDGE; THOMPSON, JUDGE; HARRIS, [FN Double] SENIOR JUDGE. THOMPSON, JUDGE: David Nichols appeals the Marion Circuit Court's dismissal of his complaint for intentional infliction of emotional distress and libel. For the reasons stated herein, we affirm. As stated in Nichols v. Commonwealth, 142 S.W.3d 683 (Ky.2004)... MICHAEL STEPHEN FINCK v. WILMA MARLENE FINCK , Ky.App., November 20, 2009 APPEAL FROM JEFFERSON CIRCUIT COURT HONORABLE THOMAS B. MERRILL, JUDGE ACTION NO. 96-FC-003618 NOT TO BE PUBLISHED AFFIRMING * * * * * * * * * * BEFORE: CLAYTON, MOORE, AND VANMETER, JUDGES. VANMETER, JUDGE: Michael S. Finck appeals from an order entered by the Jefferson Circuit Court, Family Division, regarding his child support obligation. We affirm. Michael and appellee Wilma Marlene Finck divorced in 1997. The parties were awarded joint custody of their two sons, who ini... DAVID BARKER v. PHYLLIS BARKER , Ky.App., November 20, 2009 APPEAL FROM LETCHER CIRCUIT COURT HONORABLE SAMUEL T. WRIGHT, III, JUDGE ACTION NO. 05-CI-00385 NOT TO BE PUBLISHED DISMISSING * * * * * * * * * * BEFORE: NICKELL AND WINE, JUDGES; HARRIS, [FN Double] SENIOR JUDGE. HARRIS, SENIOR JUDGE: David Barker appeals from a judgment of the Letcher Circuit Court. He argues that the trial court erred by dividing his retirement accounts without offsetting the value of Phyllis Barker's teacher's retirement benefits, which were exempted from ... MICK MURF CONSTRUCTION, Appellant v. Sarah GANT; Hon. Donna Terry, Chief Administrative Law Judge; and Workers' Compensation Board, Appellees. , Ky.App., November 13, 2009 Petition for Review of a Decision of the Workers' Compensation Board, Action No. WC-04-79947. Douglas A. U'Sellis, Louisville, KY, for appellant. Daniel Caslin, Owensboro, KY, for appellees. Before KELLER, MOORE, and TAYLOR, Judges. OPINION KELLER, Judge. Mick Murf Construction (Mick Murf), appeals from an opinion of the Workers' Compensation Board (the Board), vacating an order by the Chief Administrative Law Judge (the CALJ), that required Mick Murf to pay disputed medical expen... UNIVERSITY OF LOUISVILLE/AMERICAN INTERSTATE INSURANCE COMPANY, Appellant v. Shelley MATZ; Dr. Marco Araujo; Hon. Douglas Gott, Administrative Law Judge; and Workers' Compensation Board, Appellees. , Ky.App., November 13, 2009 Petition for Review of a Decision of the Workers' Compensation Board, Action No. WC-99-59022. Joel W. Aubrey, Mary E. Schaffner, Louisville, KY, for appellant. Jayme L. Hart, Louisville, KY, for appellee. Before KELLER, MOORE, and TAYLOR, Judges. OPINION MOORE, Judge. This is an appeal by the University of Louisville/American Interstate Insurance Company from an Opinion of the Workers' Compensation Board. On review, we affirm. I. FACTUAL AND PROCEDURAL BACKGROUND Shelly Matz, a ... KENTUCKY EMPLOYERS' MUTUAL INSURANCE, Appellant v. TAYLOR CONTRACTING/TAYLOR READY MIX, LLC; Christopher Watts; Uninsured Employers Fund; Andrew F. Manno, Administrative Law Judge; and Workers' Compensation Board, Appellees. , Ky.App., November 13, 2009 Petition for Review of a Decision of the Workers' Compensation Board, Action No. WC-05-01707. H. Douglas Jones, Kenneth J. Dietz, Lisa K. Clifton, Florence, KY, for appellant. Jeffrey D. Hensley, Flatwoods, KY, for appellee, Taylor Contracting/Taylor Ready Mix, LLC. Before CAPERTON, KELLER and NICKELL, Judges. OPINION NICKELL, Judge. Kentucky Employers' Mutual Insurance (KEMI) appeals from an order of the Workers' Compensation Board (Board) reversing and remanding the Administrative ... James D. ATKISSON, Appellant v. Kathleen M. ATKISSON, Appellee. , Ky.App., November 13, 2009 Appeals from Jefferson Circuit Court, Action No. 05-CI-502796; Joan L. Byer, Judge. J. Andrew White, Louisville, KY, for appellant. Delores Pregliasco, Louisville, KY, for appellee. Before ACREE, STUMBO, and WINE, Judges. OPINION WINE, Judge. James Atkisson ("James") brings these consolidated appeals from a judgment and post-judgment orders of the Jefferson Family Court involving the dissolution of his marriage to Kathleen Atkisson ("Kathleen"). First, James appeals from the court... Carolyn WILSON, Appellant v. Christy R. MUSIC, Appellee. and Carolyn Wilson, Executrix of the Estate of John Wilson, Appellant v. Christy R. Music, Appellee. , Ky.App., November 13, 2009 Appeal from Johnson Circuit Court, Action Nos. 07-CI-00035, 08-CI-00281; David Preston, Judge. Stephen W. Owens, Pikeville, KY, for appellant. Geoffrey D. Marsh, Miranda D. Click, Prestonsburg, KY, for appellee. Before CLAYTON, MOORE, and STUMBO, Judges. OPINION MOORE, Judge. Carolyn Wilson appeals the Johnson Circuit Court's order denying her motion to reconsider the part of the court's prior order dismissing the case of her belated husband, John R. Wilson, with prejudice. Ms. W... Bertha GOODPASTER, Personal Representative for the Estate of Robert E. Goodpaster, Appellant v. RIDGEWAY NURSING AND REHABILITATION FACILITY, LLC, d/b/a Hilltop Lodge, Inc.; and John Does 1-10, Appellees. , Ky.App., November 13, 2009 Appeal from Bath Circuit Court, Action No. 05-CI-90092; William B. Mains, Judge. David L. Helmers, Lexington, KY, for appellant. Cheryl A. Harrison, Frankfort, KY, for appellee. Before MOORE and VANMETER, Judges; KNOPF, [FN1] Senior Judge. FN1. Senior Judge William L. Knopf sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Constitution and Kentucky Revised Statutes (KRS) 21.580. OPINION VANMETER, Judge. Bertha Goodpas... Timothy D. ROUSE, Appellant v. KENTUCKY DEPARTMENT OF CORRECTIONS and Thomas Simpson, Warden, Appellees. , Ky.App., November 13, 2009 Appeal from Franklin Circuit Court, Action No. 08-CI-01334; Phillip J. Shepherd, Judge. Timothy D. Rouse, Eddyville, KY, pro se. Wesley W. Duke, Department of Corrections, Frankfort, KY, for appellees. Before NICKELL and VANMETER, Judges; LAMBERT, [FN1] Senior Judge. FN1. Senior Judge Joseph E. Lambert sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Constitution and Kentucky Revised Statutes (KRS) 21.580. OPINION LAMBE... Candido Rojas LOPEZ, Appellant v. COMMONWEALTH of Kentucky, Appellee. , Ky.App., November 13, 2009 Appeal from Fayette Circuit Court, Action No. 05-CR-O1634; Pamela R. Goodwine, Judge. Candido Lopez, Sandy Hook, KY, pro se. Jack Conway, Attorney General of Kentucky, Michael L. Harned, Assistant Attorney General, Frankfort, KY, for appellee. Before CAPERTON, DIXON, and TAYLOR, Judges. OPINION TAYLOR, Judge. Candido Rojas Lopez brings this pro se appeal from a July 15, 2008, order of the Fayette Circuit Court denying his Kentucky Rules of Criminal Procedure (RCr) 11.42 motion wit... Jimmy CRUM and Karen Crum, Appellants v. Clyde PERRY and Betty Perry, Appellees. , Ky.App., November 13, 2009 Appeal from Floyd Circuit Court, Action No. 04-CI-00504; John David Caudill, Judge. James D. Adams, II, Prestonsburg, KY, for appellants. Michael S. Endicott, Paintsville, KY, for appellees. Before NICKELL and WINE, Judges; HARRIS, [FN1] Senior Judge. FN1. Senior Judge William R. Harris sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Constitution and Kentucky Revised Statutes (KRS) 21.580. OPINION HARRIS, Senior Judge.... Marcus S. MINIX, Sr., Appellant v. Mary L. MINIX, Appellee. , Ky.App., November 13, 2009 Appeal from Johnson Circuit Court, Action No. 08-CI-00239; John David Preston, Judge. Paul D. Deaton, Paintsville, KY, for appellant. Mary Lynne (Slone) Minix, pro se, Paintsville, KY, for appellee. Baefore: KELLER, MOORE, and TAYLOR, Judges. OPINION KELLER, Judge. Marcus S. Minix, Sr. (Marcus), appeals from the Johnson Circuit Court's order dismissing his "Verified Petition." On appeal Marcus argues that the circuit court improperly dismissed his petition because he alleged there... William DUNCAN, Appellant v. Rocky ROBERTS; Chad Knight; Harlan Martin; Daniel Carter; and Thomas Simpson, Appellees. , Ky.App., November 13, 2009 Appeal from Lyon Circuit Court, Action No. 08-CI-00107; C.A. Woodall, III, Judge. William Duncan, Eddyville, KY, pro se, appellant. Angela E. Cordery, Frankfort, KY, for appellees. Before CAPERTON, DIXON, and TAYLOR, Judges. OPINION TAYLOR, Judge. William Duncan brings this pro se appeal from a November 10, 2008, order of the Lyon Circuit court dismissing his petition for declaration of rights. We affirm. Appellant was an inmate at Kentucky State Penitentiary in September 2007.... Michael L. BERNARD and State Dock Ventures, LLC, Appellants v. BLEDSOE, LLC; Chameg, LLC; and W. Jasper, LLC, Appellees. , Ky.App., November 13, 2009 Appeal from Russell Circuit Court, Action No. 08-CI-00475; Vernon Miniard, Jr., Judge. C. Gilmore Dutton, III, Erin R. Ratliff, Shelbyville, KY, for appellants. Gary W. Napier, London, KY, Donald H. Byrom, Jamestown, KY, for appellees. Before NICKELL and WINE, Judges; HARRIS, [FN1] Senior Judge. FN1. Senior Judge William R. Harris sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Constitution and Kentucky Revised Statutes ... DERRINGER EVANS DEVELOPMENT, LLC, Appellant v. BLUEGRASS REAL ESTATE CONSULTANTS, INC., Appellee. , Ky.App., November 13, 2009 Appeal from Jessamine Circuit Court, Action No. 06-CI-00458; C. Hunter Daugherty, Judge. David Russell Marshall, Nicholasville, KY, for appellant. No Brief for appellee. Before KELLER and NICKELL, Judges; LAMBERT, [FN1] Senior Judge. FN1. Senior Judge Joseph E. Lambert sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Constitution and KRS 21.580. OPINION KELLER, Judge. This is from an order granting summary judgment t... Zirl BROWN, Appellant v. COMMONWEALTH of Kentucky, Appellee. , Ky.App., November 13, 2009 Appeal from Fayette Circuit Court, Action No. 08-CR-00458; Ernesto Scorsone, Judge. Steven J. Buck, Assistant Public Advocate, Frankfort, KY, for appellant. Jack Conway, Attorney General of Kentucky, John Paul Varo, Assistant Attorney General, Frankfort, KY, for appellee. Before: NICKELL and VAN METER, Judges; LAMBERT, [FN1] Senior Judge. FN1. Senior Judge Joseph E. Lambert sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky... Mark PADGETT, Sr., Appellant v. Susan PADGETT, Appellee. , Ky.App., November 13, 2009 Appeal from Campbell Circuit Court, Action No. 06-CI-00112; Julie Reinhardt Ward, Judge. Theodore Knoebber, Newport, KY, for appellant. Stacey L. Graus, Daniel E. Linneman, Covington, KY, for appellee. Before CLAYTON, DIXON and THOMPSON, Judges. OPINION CLAYTON, Judge. Mark Padgett ("Mark") has appealed from a Campbell Circuit Court's order determining child support and property distribution issues. After reviewing the record and the applicable law, we affirm. This case involve... Laquita Marie DAVIS, Appellant v. COMMONWEALTH of Kentucky, Appellee. , Ky.App., November 13, 2009 Appeal from Jefferson Circuit Court, Action No. 05-CR-001579; Susan Schulz Gibson, Judge. Ramon McGee, Louisville, KY, for appellant. Jack Conway, Attorney General of Kentucky, David B. Abner, Assistant Attorney General, Frankfort, KY, for appellee. Before CAPERTON and DIXON, Judges; HENRY, [FN1] Senior Judge. FN1. Senior Judge Michael L. Henry sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Constitution and Kentucky Rev... VIRGINIA HORN MEEK ESTATE; Pat Colvin; Harry Colvin Estate; Jodi Colvin Brantner; and Matthew Aaron Colvin, Appellants v. Thomas Lee HORNE, [FN1] Appellee. FN1. Thomas Lee Horne's name is spelled "Horne" and "Horn" in various pleadings. Beca, Ky.App., November 13, 2009 Appeal from Johnson Circuit Court, Action No. 05-CI-00249; John David Preston, Judge. Patricia Ann Colvin, Paintsville, KY, pro se. Jody Colvin Brantner, Stanton Island, NY, pro se. Matthew Colvin, Lexington, KY, pro se. Donald L. Jones, Paintsville, KY, for appellee. Before KELLER, MOORE and TAYLOR, Judges. OPINION KELLER, Judge. This appeal arises from a dispute regarding the disposition of real property that belonged to Virginia Horn Meek (Meek). [FN2] On appeal, the appe... David McKEE, Appellant v. COMMONWEALTH of Kentucky, Appellee. , Ky.App., November 13, 2009 Appeal from Breathitt Circuit Court, Action No. 05-CR-00043; Frank Allen Fletcher, Judge. Heather McGregor, LaGrange, KY, for appellant. Jack Conway, Attorney General of Kentucky, David W. Barr, Assistant Attorney General, Frankfort, KY, for appellee. Before CLAYTON, DIXON and THOMPSON, Judges. OPINION DIXON, Judge. Appellant, David McKee, appeals from an order of the Breathitt Circuit Court denying his motion for post-conviction relief pursuant to RCr 11.42. For the reasons set f... Margaret Ann LINDSEY, Appellant v. CABINET FOR HEALTH AND FAMILY SERVICES, Appellee. , Ky.App., November 13, 2009 Appeal from Campbell Circuit Court, Action No. 06-J-00735-001; D. Michael Foellger, Judge. Margaret Lindsey, pro se, Newport, KY, for appellant. Kelly S. Wiley, Covington, KY, for appellee. Before: KELLER and NICKELL, Judges; LAMBERT, [FN1] Senior Judge. FN1. Senior Judge Joseph E. Lambert sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Constitution and Kentucky Revised Statutes (KRS) 21.580. OPINION NICKELL, Judge. ... Michael Wayne ASHLEY, Appellant/Cross-Appellee v. COMMONWEALTH of Kentucky, Appellee/Cross-Appellant. , Ky.App., November 13, 2009 Appeal and Cross-Appeal from Harlan Circuit Court, Action No. 05-CR-00180; Russell D. Alred, Judge. David A. Johnson, Joshua J. Mullins, Hazard, KY, for appellant/cross- appellee. Jack Conway, Attorney General of Kentucky, James C. Shackelford, Assistant Attorney General, Frankfort, KY, for appellee/cross-appellant. Before KELLER, MOORE, and TAYLOR, Judges. TAYLOR, Judge. Michael Wayne Ashley brings Appeal No.2008-CA-00089-MR from a January 8, 2008, judgment upon a jury verdict... Billie BATES (Gibson), Appellant v. Charlie GIBSON, Appellee. , Ky.App., November 13, 2009 Appeal from Letcher Circuit Court, Action No. 00-CI-00079; Samuel T. Wright, III, Judge. Charles Phillip Wheeler, Jr., Pikeville, KY, for Appellant. Alison C. Wells, Hazard, KY, for Appellee. Before ACREE and DIXON, Judges; GRAVES, [FN1] Senior Judge. FN1. Senior Judge J. William Graves sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Constitution and Kentucky Revised Statute 21.580. OPINION ACREE, Judge. Billie Bate... Karen TEMPLE, Appellant v. Phillip TEMPLE, Cheryl McCauley, and N.T., [FN1] Appellees. FN1. Pursuant to Court policy, children in custody cases are referred to by initials only. , Ky.App., November 13, 2009 Appeal from Owsley Circuit Court, Action No. 07-CI-00160; Thomas P. Jones, Judge. John R. Milton, Booneville, KY, for appellant. Melissa C. Howard, Jackson, KY, for appellee, Phillip Temple. Kendall Robinson, Booneville, KY, for appellee, Cheryl McCauley. No brief filed, for appellee, N.T. Before NICKELL and WINE, Judges; HARRIS, [FN2] Senior Judge. FN2. Senior Judge William R. Harris sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b... William BOHL, Appellant v. CITY OF COLD SPRING, Appellee. , Ky.App., November 13, 2009 Appeal from Campbell Circuit Court, Action No. 07-CI-00909; Fred A. Stine, V, Judge. Anthony J. Bucher, Covington, KY, for appellant. Jeffrey C. Mando, Covington, KY, for appellee. Before NICKELL and VANMETER, Judges; LAMBERT, [FN1] Senior Judge. FN1. Senior Judge Joseph E. Lambert sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Constitution and Kentucky Revised Statutes (KRS) 21.580. OPINION LAMBERT, Senior Judge. ... LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT; Jim Gray; Linda Gorton; Chuck Ellinger; Andrea James; Tom Blues; Dick Decamp; Julian Beard; David Stevens; Kevin Stinett; K.C. Crosbie; George Myers; Jay McChord; Don Blevins; Richard Moloney; and Ed Lane, A, Ky.App., November 13, 2009 Appeal from Fayette Circuit Court, Action No. 08-CI-00081; Kimberly N. Bunnell , Judge. Rochelle E. Boland, Leslye M. Bowman, Lexington, KY, for appellants. Thomas W. Miller, Lexington, KY, for appellees. Before STUMBO, THOMPSON, and WINE, Judges. OPINION WINE, Judge. The Lexington-Fayette Urban County Government ("LFUCG") appeals from a summary judgment entered by the Fayette Circuit Court which dismissed its declaratory judgment against Lexington H-L Services, Inc., d/b/a Lexi... Sandra C. BROOKS and William C. Jacobs, Attorney, Appellants v. LEXINGTON-FAYETTE URBAN COUNTY HOUSING AUTHORITY, Appellee. , Ky.App., November 13, 2009 Appeal from Fayette Circuit Court, Action No. 92-CI-02843; Pamela R. Goodwine, Judge. William C. Jacobs, Lexington, KY, for appellants. Brent R. Baughman, Wendy Bryant Becker, Lexington, KY, for appellee. Before KELLER, MOORE and NICKELL, Judges. OPINION NICKELL, Judge. This case reaches our Court for the third time following seventeen years of contentious litigation. It has been the subject of published opinions from this Court and the Supreme Court of Kentucky. [FN1] The issues ... FIA CARD SERVICES, N.A., f/k/a MBNA America Bank, N.A., Appellant v. Michael P. CALLAHAN, a/k/a Michael Callahan, Appellees. , Ky.App., November 13, 2009 Appeal from Jefferson Circuit Court, Action No. 08-CI-002357; F. Kenneth Conliffe, Judge. Megan J. Linder, Cincinnati, OH, for appellant. No Brief for appellee. Before ACREE, TAYLOR and THOMPSON, Judges. OPINION ACREE, Judge. FIA Card Services, N.A., formerly known as MBNA America Bank N.A. (FIA), appeals from the denial by the Jefferson Circuit Court of FIA's Petition and Application to Confirm and Enforce Arbitration Award against Michael Callahan. No brief was filed on behalf o... Chester DAVIS, Appellant v. WARRIOR COAL, LLC; Hon. Grant S. Roark, Administrative Law Judge; Workers' Compensation Board, Appellees. , Ky.App., November 6, 2009 Petition for Review of a Decision of the Workers' Compensation Board, Action No. WC-04-82591. Thomas Larry Hicks, Edgewood, KY, for appellant. David Deep, Louisville, KY, for appellee, Warrior Coal, LLC. Before ACREE and DIXON, Judges; GRAVES, [FN1] Senior Judge. FN1. Senior Judge J. William Graves sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Constitution and Kentucky Revised Statute (KRS) 21.580. OPINION ACREE, Jud... Bradley PIKE, Appellant v. COMMONWEALTH of Kentucky, Appellee. , Ky.App., November 6, 2009 Appeal from Garrard Circuit Court, Action No. 08-CR-00018; C. Hunter Daughterty, Judge. David Russell Marshall, Nicholasville, KY, for appellant. Jack Conway Attorney General of Kentucky, John Paul Varo, Assistant Attorney General, Frankfort, KY, for appellee. Before COMBS, Chief Judge; MOORE; Judge; LAMBERT, [FN1] Senior Judge. FN1. Senior Judge Joseph E. Lambert sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Constitut... Bobby Ray WARDRIP, Appellant v. Katherine Joyce WARDRIP, Appellee. , Ky.App., November 6, 2009 Appeal from Breckenridge Circuit Court, Action No. 07-CI-00252; Bruce T. Butler, Judge. Herbert M. O'Reilly, Hardinsburg, KY, for Appellant. Justin S. Keown, Hartford, KY, for Appellee. Before CAPERTON, DIXON and TAYLOR, Judges. OPINION CAPERTON, Judge. Bobby Ray Wardrip (Bobby) appeals from the Breckinridge Circuit Court's judgment whereby the court denied Bobby's motion to modify child support, granted Katherine Joyce Wardrip's (Kathy) motion to set child support for the parties... Maurice SMITH, Appellant v. Caroline MUDD and Christopher Rakes, Appellees. , Ky.App., November 6, 2009 Appeal from Marion Circuit Court, Action No. 08-CI-00035; Doughlas M. George, Judge. Maurice Smith, Pro Se, West Liberty, KY, for Appellant. Micah I. Shirts, C. Mike Moulton, Elizabethtown, KY, for Appellee. Before LAMBERT and VANMETER, Judges; HARRIS, [FN1] Senior Judge. FN1. Senior Judge William R. Harris, sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Constitution and KRS 21.580. OPINION LAMBERT, Judge. Maurice ... Jeff DOUGLAS, Appellant v. Melissa DOUGLAS, Appellee. , Ky.App., November 6, 2009 Appeal from Henderson Family Court, Action No. 08-D-00193; Sheila N. Farris, Judge. Dax R. Womack, Henderson, KY, for appellant. Susie H. Moore, Henderson, KY, for appellee. Before ACREE and CLAYTON, Judges; HARRIS, [FN1] Senior Judge. FN1. Senior Judge William R. Harris sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Constitution and Kentucky Revised Statute (KRS) 21.580. OPINION ACREE, Judge. Jeffrey Douglas appea... Earl WARNER, Appellant v. COMMONWEALTH of Kentucky, Appellee. , Ky.App., November 6, 2009 Appeal from Fayette Circuit Court, Action No. 07-CR-00853; James D. Ishmael, Jr., Judge. Edward Dove, Lexington, KY, for appellant. Jack Conway, Attorney General of Kentucky, Susan Roncarti Lenz, Assistant Attorney General, Frankfort, KY, for appellee. Before CAPERTON, CLAYTON and DIXON, Judges. OPINION CLAYTON, Judge. This is an appeal from a conviction of robbery and rape in the Fayette Circuit Court. The appellant, Earl Warner, brings his appeal based upon evidence he contends ... WO SIN CHIU and Kenneth H. Baker, Appellants v. Carl D. FREDERICK and Laura Wasz, Personal Representative of the Estate of Richard Shapero, Appellees. , Ky.App., November 6, 2009 Appeal from Jefferson Circuit Court, Action No. 98-CI-006240; Judith E. McDonald-Burkman, Judge. Kenneth Baker, Louisville, KY, for appellants. Peter L. Ostermiller, Louisville, KY, for appellees. Before CLAYTON, MOORE and VANMETER, Judges. OPINION CLAYTON, Judge. Wo Sin Chiu ("Chiu") and Kenneth Baker ("Baker"), collectively the "Appellants," have appealed from the Jefferson Circuit Court's order awarding Carl Frederick ("Frederick") and the estate of Richard Shapero, collective... George JOHNSON, Appellant v. Bethany WATSON and Liberty Mutual Insurance Company, Appellees and Bethany Watson, Cross-Appellant v. George Johnson, Cross-Appellee. , Ky.App., November 6, 2009 Appeal from Fayette Circuit Court, Action No. 07-CI-00700; Sheila R. Isaac, Judge. Wesley Browne, Richmond, KY, for Appellant/Cross-Appellee, George Johnson. H. Caywood Prewitt, Jr., Lexington, KY, for Appellee/Cross-Appellant, Bethany Watson. No Brief Filed for Appellee, Liberty Mutual Insurance Company. Donald L. Miller, II, Louisville, Kentucky, for Appellee, Liberty Mutual Insurance Company. Before STUMBO, THOMPSON, and WINE, Judges. OPINION STUMBO, Judge. George Johnson a... Terry BURTON, Appellant v. COMMONWEALTH of Kentucky, Appellee. , Ky.App., November 6, 2009 On Remand from Supreme Court, 2009-SC-000264-DG. Fayette Circuit Court, Action No. 07-CR-00205; Thomas L. Clark, Judge. Erin Hoffman Yang, Assistant Public Advocate, Frankfort, KY, for appellant. Jack Conway, Attorney General of Kentucky, William Robert Long, Jr., Assistant Attorney General, Frankfort, KY, for appellee. Before COMBS, Chief Judge; ACREE, Judge; BUCKINGHAM, [FN1] Senior Judge. FN1. Senior Judge David C. Buckingham sitting as Special Judge by assignment of the ... Larry REINLE, Appellant v. COMMONWEALTH of Kentucky, Appellee. , Ky.App., November 6, 2009 Appeal from Nelson Circuit Court, Action No. 98-CR-00236; Larry D. Raikes, Judge. Larry Reinle, LaGrange, KY, Pro Se. Jack Conway, Attorney General of Kentucky, Gregory C. Fuchs, Assistant Attorney General, Frankfort, KY, for appellee. Before CAPERTON, KELLER and LAMBERT, Judges. OPINION CAPERTON, Judge. Larry Reinle appeals the denial of his Kentucky Rules of Criminal Procedure (RCr) 11.42 motion by the Nelson Circuit Court after an evidentiary hearing. Reinle argues that the tri... Edward Bryan CISSELL, Appellant v. Alice Marie CISSELL; Audrey Cissell; Alexandra Cissell; and Ava Cissell, Appellees. , Ky.App., November 6, 2009 Appeal from Jefferson Circuit Court Family Court Division, Action No. 07-D- 500011; Hugh Smith Haynie, Judge. Kevin Glogower, Louisville, KY, for appellant. Terry W. Holloway, Louisville, KY, for appellee. Before CLAYTON, DIXON, and THOMPSON, Judges. OPINION CLAYTON, Judge. This is an appeal from the Jefferson Family Court. The appellant asked to be exempt from the ban of firearms placed upon him after a Domestic Violence Order ("DVO") was issued against him. The family court deni... TOYOTA MOTOR MANUFACTURING, KENTUCKY, INC., Appellant/Cross-Appellee v. Stephanie LAWSON, Appellee/Cross-Appellant and Hon. John W. Thacker and Hon. Joe W. Justice, Administrative Law Judges, and Workers' Compensation Board, Appellees/Cross-Appel, Ky.App., November 6, 2009 Petition for Review of a Decision of the Workers' Compensation Board, Action No. WC-02-71165. H. Douglas Jones, Kenneth J. Dietz, Florence, KY, for appellant/cross appellee. Charles W. Gorham, Lexington, KY, for appellee/cross appellant. Before LAMBERT, MOORE, and VANMETER, Judges. OPINION MOORE, Judge. Toyota Motor Manufacturing USA, Inc., appeals from an opinion and order of the Workers' Compensation Board, reversing an opinion and order of an Administrative Law Judge (ALJ) find... Duane HAWKINS, Appellant v. Eric MILLER; Robert Iliff and Sherman Hart, Appellees. , Ky.App., November 6, 2009 Appeal from Jefferson Circuit Court, Action No. 07-CI-011847; Mary M. Shaw, Judge. Duane Hawkins, Louisville, KY, pro se. James U. Smith, III, Kevin M. Norris, Louisville, KY, for appellees. Before ACREE, TAYLOR and THOMPSON, Judges. OPINION ACREE, Judge. Duane Hawkins, pro se, appeals from the March 19, 2008, dismissal by the Jefferson Circuit Court of his defamation action against Eric Miller, Robert Illiff, and Sherman Hart, his former supervisors and managers at American Comme... Russell MOORE and Tierni Moore, Appellants v. SAINT JOSEPH HEALTHCARE, INC. d/b/a Saint Joseph Hospital, Appellee. , Ky.App., November 6, 2009 Appeal from Fayette Circuit Court, Action No. 06-CI-01935; Pamela R. Goodwine, Judge. Robert L. Elliott, Kris D. Mullins, Lexington, KY, for Appellant. David T. Royse, Lynn Sowards Zellen, Lexington, KY, for Appellee. Before STUMBO, THOMPSON, and WINE, Judges. OPINION STUMBO, Judge. Russell Moore and Tierni Moore appeal from an Opinion and Order of the Fayette Circuit Court granting Summary Judgment in favor of Saint Joseph Healthcare, Inc., d/b/a/ Saint Joseph Hospital. The Moore... LIFESTYLES OF JASPER, INC., Appellant v. Nikki GREMORE (Now Nikki Acuff), Appellee. , Ky.App., November 6, 2009 On Discretionary Review from Calloway Circuit Court, Action No. 08-XX-00001; Dennis R. Foust, Judge. Stanley K. Spees, Paducah, KY, for appellant. No Brief for Appellee. Before KELLER, STUMBO, and VANMETER, Judges. OPINION VANMETER, Judge. Lifestyles of Jasper, Inc. (Lifestyles) appeals from an order of the Calloway Circuit Court affirming the Calloway District Court's order sustaining Nikki Acuff's garnishment challenges and vacating the default judgment in favor of Lifestyles. ... JOURNEY OPERATING, LLC, Appellant v. ZURICH AMERICAN INSURANCE COMPANY; Angela Jeffers, Individually and as Administratrix of the Estate of Patrick Jeffers, Deceased; Susie Bell, individually and as Administratrix of the Estate of William Bell, Dec, Ky.App., November 6, 2009 Petition for Review of a Decision of the Workers' Compensation Board, Action Nos. WC-05-00151 & WC-06-00341. W. Barry Lewis, Hazard, KY, for appellant. A. Stuart Bennett, Lexington, KY, for appellee, Zurich American Insurance Company. Before CLAYTON and THOMPSON, Judges; LAMBERT, [FN1] Senior Judge. FN1. Senior Judge Joseph E. Lambert sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Constitution and Kentucky Revised Stat... Tanya A. CHILDERS and Jeffrey J. Childers, Appellants v. Sandra F. GEILE, M.D. and Marshall Emergency Services Associates, P.S.C., Appellees. , Ky.App., November 6, 2009 Appeal from Montgomery Circuit Court, Action No. 06-CI-90320; William B. Mains, Judge. Anne Milton McMillin, Louisville, KY, Charles Johnson, Heidi Engel, Winchester, KY, for appellants. Kenneth W. Smith, Johann F. Herklotz, Lexington, KY, for appellees. Before LAMBERT and STUMBO, Judges; HENRY, [FN1] Senior Judge. FN1. Senior Judge Michael L. Henry sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Constitution and KRS 21.... ICG KNOTT COUNTY, LLC, Appellant v. Rondel THOMAS; Honorable R. Scott Borders, Administrative Law Judge; and Workers' Compensation Board, Appellees. , Ky.App., October 30, 2009 Petition for Review of a Decision of the Workers' Compensation Board, Action No. WC-08-00304. Jeffrey D. Damron, Pikeville, KY, for appellant. John Earl Hunt, Stanville, KY, for appellee Rondel Thomas. Before LAMBERT and VANMETER, Judges; HENRY, [FN1] Senior Judge. FN1. Senior Judge Michael L. Henry sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Constitution and KRS 21.580. OPINION LAMBERT, Judge. ICG Knott County, LL... Anthony J. TULO; and Diana Wench (POA Appellant), Appellants v. Roger DORE and Troy Dore d/b/a D & D Logging; Hopkins Hardwood, Inc.; Uninsured Employers' Fund; Hon. Irene Steen, Administrative Law Judge; and The Workers' Compensation Board, Appell, Ky.App., October 30, 2009 Petition for Review of a Decision of the Workers' Compensation Board, Action No. WC-07-00254. Phillipe W. Rich, Louisville, KY, for appellant. Jack Conway, Attorney General, James R. Carpenter, Assistant Attorney General, Frankfort, KY, for appellee, Uninsured Employers' Fund. Jeff V. Layson III, Bowling Green, KY, for appellee, Hopkins Hardwood, Inc. Before KELLER, MOORE, and TAYLOR, Judges. OPINION MOORE, Judge. Anthony J. Tulo petitions for the review of an opinion of the Wo... Danny SEALS; Iris Seals, and Dove Logging, LLC, Appellants/Cross-Appellees v. Edgar AMBURGEY and La Vera Amburgey, Appellees/Cross-Appellants. , Ky.App., October 30, 2009 Appeal and Cross-Appeal from Knott Circuit Court, Action No. 05-CI-00292; Kimberley Cornett Childers, Judge. James W. Craft, II, Whitesburg, KY, for Appellant. Gene Smallwood, Jr., Whitesburg, KY, for Appellee. Before KELLER, MOORE and TAYLOR, Judges. OPINION MOORE, Judge. This is an appeal by Danny Seals, Iris Seals, and Dove Logging, LLC (the Seals) from Judgment entered by the Knott Circuit Court. The Amburgeys cross- appeal the amount of damages awarded in Judgment. We revers... T.D.R. v. V.L.R. , Ky.App., October 30, 2009 Appeal from McCracken Circuit Court, Family Court Division, Action No. 08-J- 00511; Cynthia E. Sanderson, Judge. T.D.R., Eddyville, KY, pro se. No Brief for Appellee. Before CAPERTON and TAYLOR, Judges; LAMBERT, [FN1] Senior Judge. FN1. Senior Judge Joseph Lambert sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Constitution and Kentucky Revised Statutes 21.580. TAYLOR, Judge. T.D.R. brings this pro se appeal from ... John Roger WINES, Appellant v. COMMONWEALTH of Kentucky, Appellee. , Ky.App., October 30, 2009 Appeal from McCracken Circuit Court, Action No. 06-CR-00404; Craig Z. Clymer, Judge. Julia K. Pearson, Assistant Public Advocate, Frankfort, KY, for appellant. Jack Conway, Attorney General of Kentucky, Jeffrey A. Cross, Assistant Attorney General, Frankfort, KY, for appellee. Before MOORE and WINE, Judges; HENRY, [FN1] Senior Judge. FN1. Senior Judge Michael L. Henry sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Const... Eric James SHAHEEN v. Suzanne V. SHAHEEN. , Ky.App., October 30, 2009 Appeal from Madison Circuit Court, Action No. 08-CI-00333; Honorable Gary D. Payne, Judge. Eric James Shaheen, Richmond, KY, Pro se. Andrew Stephens, Lexington, KY, for Appellee. Before LAMBERT and VANMETER, Judges; HARRIS, [FN1] Senior Judge. FN1. Senior Judge William R. Harris sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Constitution and Kentucky Revised Statutes (KRS) 21.580. OPINION VANMETER, Judge. Eric Jame... Ward Michael CUMMINS, Appellant v. Randall THOMAS and Ruby Thomas, Appellees. , Ky.App., October 30, 2009 Appeal from Madison Circuit Court, Action No. 04-CI-00241; Sheila Isaac, Judge. Cory M. Erdmann, Richmond, KY, for appellant. Lisa J. Oeltgen, Ann D'Ambruoso, Lexington, KY, for appellee. Before COMBS, Chief Judge; MOORE, Judge; LAMBERT, Senior Judge. [FN1] FN1. Senior Judge Joseph E. Lambert sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Constitution and Kentucky Revised Statutes (KRS) 21.580. OPINION & ORDER MOORE, Judge. ... Keith BARNES, Appellant v. COMMONWEALTH of Kentucky, Appellee. , Ky.App., October 30, 2009 Appeal from McCracken Circuit Court, Action No. 06-CR-00178; Craig Z. Clymer, Judge. Keith Barnes, Fredonia, KY, Pro Se. Jack Conway, Attorney General, Heather M. Fryman, Assistant Attorney General, Frankfort, KY, for appellee. Before LAMBERT and VANMETER, Judges; HENRY, [FN1] Senior Judge. FN1. Senior Judge Michael L. Henry sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Constitution and KRS 21.580. OPINION LAMBERT, J... J.C., Mother, Appellant v. K.M., Father, Appellee J.C., Mother, Appellant v. K.M., Father; and J.R.S., A Child, Appellees. , Ky.App., October 30, 2009 Appeal from Marshall Circuit Court, Action Nos. 08-CI-00451; No. 08-J- 00124, Robert Dan Mattingly Jr., Judge. Dianna Riddick, Benton, KY, for Appellant. Natalie M. White, Eddyville, Kentucky, for K.M. Before LAMBERT and VANMETER, Judges; HENRY, [FN1] Senior Judge. FN1. Senior Judge Michael L. Henry sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Constitution and Kentucky Revised Statutes (KRS) 21.580. OPINION VANMETER... DEBILL ENTERPRISES, INC., Appellant v. CITY OF PIKEVILLE, Kentucky, Appellee. , Ky.App., October 30, 2009 Appeal from Pike Circuit Court, Action No. 08-CI-01128; Eddy Coleman, Judge. Donald H. Combs, Pikeville, KY, for appellant. Russell H. Davis, Jr., Pikeville, KY, for appellee. Before KELLER, MOORE, and TAYLOR, Judges. OPINION KELLER, Judge. This appeal arises from the circuit court's order authorizing the City of Pikeville (Pikeville) to take possession through condemnation of real property belonging to Debill Enterprises, Inc. (Debill). On appeal, Debill argues that the report of... Demarcus FUQUA, Appellant v. COMMONWEALTH of Kentucky, Appellee. , Ky.App., October 30, 2009 Appeal from Caldwell Circuit Court, Action No. 00-CR-00044; Clarence A. Woodall, III, Judge. DeMarcus Fuqua, Eddyville, KY, pro se, appellant. Jack Conway, Attorney General of Kentucky, Todd D. Ferguson, Assistant Attorney General, Frankfort, KY, for appellee. Before CLAYTON, DIXON, and THOMPSON, Judges. OPINION THOMPSON, Judge. DeMarcus Fuqua appeals an order of the Caldwell Circuit Court denying his motion for resentencing pursuant to KRS 640.030(1). He alleges that KRS 640.030 ... Michael VINCENT, Appellant v. COMMONWEALTH of Kentucky, Appellee. , Ky.App., October 30, 2009 Appeal from Edmonson Circuit Court, Action No. 00-CR-00003; Ronnie C. Dortch, Judge. Michael Vincent, LaGrange, KY, pro se. Jack Conway, Attorney General of Kentucky, Todd D. Ferguson, Assistant Attorney General, Frankfort, KY, for appellee. Before CAPERTON and DIXON, Judges; HENRY, [FN1] Senior Judge. FN1. Senior Judge Michael L. Henry sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Constitution and Kentucky Revised Sta... Jamie SANDERS, Appellant v. ANDERSON VICTORY HAVEN TRAINING CENTER, LLC, Appellee. , Ky.App., October 30, 2009 Appeal from Fayette Circuit Court, Action No. 08-CI-02548, Kimberly N. Bunnell, Judge. William C. Jacobs, Lexington, KY, for appellant. Carroll M. Redford, III, Lexington, KY, for appellee. Before STUMBO, THOMPSON, and WINE, Judges. OPINION STUMBO, Judge. Jamie Sanders appeals from an Order and Final Judgment of the Fayette Circuit Court in an action filed by Anderson Victory Haven Training Center, LLC to recover back rent from Sanders. Sanders argues that the trial court improper... Angelo Kree HESTER, Appellant v. COMMONWEALTH of Kentucky, Appellee. , Ky.App., October 30, 2009 Appeal from Fayette Circuit Court, Action No. 04-CR-00300; Pamela R. Goodwine, Judge. Angelo Kree Hester, Burgin, KY, pro se. Jack Conway, Attorney General of Kentucky, Wm. Robert Long, Jr., Assistant Attorney General, Frankfort, KY, for appellee. Before CAPERTON, DIXON and TAYLOR, Judges. OPINION CAPERTON, Judge. Angelo Kree Hester appeals from the Fayette Circuit Court's denial of his Kentucky Rules of Criminal Procedure (RCr) 11.42 motion for an evidentiary hearing and post-con... Michael ELLINGTON, Appellant v. Carol ELLINGTON, Appellee. , Ky.App., October 30, 2009 Appeal from Harlan Circuit Court, Action No. 07-CI-00433; Robert Overstreet, Special Judge. James W. Craft, II, Whitesburg, KY, for appellants. Sidney B. Douglass, Harlan, KY, for appellees. Before LAMBERT and STUMBO, Judges; HENRY, [FN1] Senior Judge. FN1. Senior Judge Michael L. Henry sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Constitution and KRS 21.580. OPINION LAMBERT, Judge. This is a domestic relations c... Carol HARMON and Everett Harmon, Appellants v. FLEMING PROPERTIES, LLC, Appellee. , Ky.App., October 30, 2009 Appeal from Fleming Circuit Court, Action No. 07-CI-00099; Stockton B. Wood, Judge. Raymond S. Bogucki, Maysville, KY, for appellants. John G. McNeill, Evan B. Jones, Lexington, KY, for appellee. Before NICKELL and WINE, Judges; HARRIS, [FN1] Senior Judge. FN1. Senior Judge William R. Harris sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Constitution and Kentucky Revised Statutes (KRS) 21.580. OPINION HARRIS, Senior J... Jody Lee MOORE, Appellant v. COMMONWEALTH of Kentucky, Appellee. , Ky.App., October 30, 2009 Appeal from Fleming Circuit Court, Action No. 08-CR-00009; Stockton B. Wood, Judge. Linda Roberts Horsman, Assistant Public Advocate, Department of Public Advocacy, Frankfort, KY, for appellant. Jack Conway, Attorney General of Kentucky, James C. Shackelford, Assistant Attorney General, Frankfort, KY, for appellee. Before LAMBERT and TAYLOR, Judges; HENRY, [FN1] Senior Judge. FN1. Senior Judge Michael L. Henry sitting as Special Judge by assignment of the Chief Justice pursuant... Robert W. SLAVEN, Appellant v. COMMONWEALTH of Kentucky, DEPARTMENT OF CORRECTIONS, Appellee. , Ky.App., October 30, 2009 Appeal from Oldham Circuit Court, Action No. 08-CI-00158; Karen A. Conrad, Judge. Robert W. Slaven, LaGrange, KY, pro se. Angela E. Cordery, Justice and Public Safety Cabinet, Office of Legal Services, Frankfort, KY, for appellee. Before ACREE, TAYLOR and THOMPSON, Judges. OPINION ACREE, Judge. On August 13, 2002, Robert Slaven was convicted of three counts of First-Degree Sexual Abuse, and given five years' probation with several conditions. One condition required Slaven to enrol... Freddie C. WALLACE and Lois Wallace, his wife, Appellants v. Loretta JUDE, single; Roy R. Ratliff and Brenda L. Ratliff, his wife; Deidre M. Brown; Donya White; Daren Ratliff; Dana Hanes; Pauletta Ratliff; and Blue Flame Energy Corporation, Appelle, Ky.App., October 30, 2009 Appeal from Pike Circuit Court, Action No. 04-CI-01434; Eddy Coleman, Judge. Donald H. Combs, Pikeville, KY, for appellants. Lawrence R. Webster, Pikeville, KY, for appellee Ratliffs. Charles J. Baird, Pikeville, KY, for appellee Blue Flame Energy Corporation. Before KELLER, MOORE and TAYLOR, Judges. OPINION MOORE, Judge. This is an appeal by Freddie C. Wallace and Lois Wallace from the Findings of Fact, Conclusions of Law and Judgment of the Pike Circuit Court adjudicating a b... Justin Keith CONLEY, Appellant v. COMMONWEALTH of Kentucky, Appellee. , Ky.App., October 30, 2009 Appeal from Knott Circuit Court, Action No. 05-CR-00010; Kim C. Childers, Judge. Joseph Lane, Prestonsburg, KY, for appellant. Jack Conway, Attorney General of Kentucky, David W. Barr, Assistant Attorney General, Frankfort, KY, for appellee. Before ACREE and DIXON, Judges; GRAVES, [FN1] Senior Judge. FN1. Senior Judge J. William Graves sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Constitution and Kentucky Revised Stat... Lana Lee STORY, Appellant v. Stephen Douglas STORY, Appellee. , Ky.App., October 30, 2009 Appeal from Boone Family Court, Action No. 05-CI-01660; Linda R. Bramlage, Judge. Michael J. McMain, Florence, KY, for appellant. Holly A. Daugherty, Covington, KY, for appellee. Before LAMBERT and TAYLOR, Judges; HENRY, [FN1] Senior Judge. FN1. Senior Judge Michael L. Henry sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Constitution and Kentucky Revised Statutes (KRS) 21.580. OPINION HENRY, Senior Judge. Lana Lee ... Jesus CARRANZA, Appellant v. COMMONWEALTH of Kentucky, Appellee. , Ky.App., October 30, 2009 Appeal from Boone Circuit Court, Action No. 07-CR-00714; Kevin Horne, Judge. Benjamin L. Rettig, Iversy Z. Velez, Florence, KY, for appellant. Jack Conway, Attorney General of Kentucky, Heather M. Fryman, Assistant Attorney General, Frankfort, KY, for appellee. Before CAPERTON, CLAYTON and DIXON, Judges. OPINION CAPERTON, Judge. Jesus Carranza appeals as a matter of right the Boone Circuit Court judgment of conviction for possession of a controlled substance, first degree. Carranz... Anthony ADDISON, Appellant v. Terry GREENE, as Parent, Guardian, and next friend of Tara Greene; Doris Greene, as parent, guardian, and next friend of Tara Greene, Appellees. , Ky.App., October 30, 2009 Appeal from Todd Circuit Court, Action No. 05-CI-00174; Tyler L. Gill, Judge. Michael A. Owsley, Bowling Green, KY, for appellant. Casey A. Hixson, Bowling Green, KY, for appellee. Before KELLER, STUMBO, and VANMETER, Judges. OPINION AND ORDER KELLER, Judge. Anthony Addison (Addison) filed a motion for summary judgment seeking dismissal based on qualified official immunity. The circuit court denied that motion, and it is from that denial that Addison now appeals. Terry and Doris G... Kathy CARUTHERS, Appellant v. Earl ROBINETTE; Elbert T. Sesco; Elbert Sesco; and American General Home Equity, Inc., Appellees. , Ky.App., October 30, 2009 Appeal from Pike Circuit Court, Action No. 98-CI-00272; Eddy Coleman, Judge. Dwight O. Bailey, Flatwoods, KY, for Appellant. James P. Pruitt, Jr., Pikeville, KY, for Appellees Earl Robinette; Elbert T. Sesco; Elbert Sesco. Donald H. Combs, Pikeville, KY, for Appellee American General Home Equity, Inc. Before COMBS, Chief Judge; ACREE and VANMETER, Judges. OPINION VANMETER, Judge. Kathy Caruthers appeals from a May 28, 2008, judgment of the Pike Circuit Court holding that she h... UNITED GRAFIX INCORPORATED, d/b/a Tri-State Outdoor Advertising Company, Inc., Appellant v. Glenn WILLIAMS, as Executor of the Estate of Decedent, Glenn House; Oscar Gayle House; Baxter Bledsoe, Jr.; Baxter Bledsoe, Ltd; and United Sign, Ltd, Appel, Ky.App., October 30, 2009 Appeal and Cross-Appeal from Laurel Circuit Court, Action No. 97-CI-00161; Roderick Messer, Judge. John F. Kelley, Jr., London, KY, for appellant/cross-appellee. Marcia Milby Ridings, Brandon C. Jones, Baxter Bledsoe, Jr., London, KY, for appellees/cross-appellants Baxter Bledsoe, Jr.; Baxter Bledsoe, Ltd; and United Sign, Ltd. No Brief for Appellees Glenn Williams, as Executor of the Estate of Decedent, Glenn House; Oscar Gayle House Before STUMBO and TAYLOR, Judges; HENRY, [FN1] Sen... Kevin JETT [FN1], Appellant FN1. There is a discrepancy as to the correct spelling of the Appellant's name. For convenience, the Court has elected to spell it the way the Appellant signed his brief. v. COMMONWEALTH of Kentucky, App, Ky.App., October 30, 2009 Appeal from Jefferson Circuit Court, Action No. 05-CR-001759; Audra J. Eckerle, Judge. Kevin Jett, LaGrange, KY, pro se. Jack Conway, Attorney General of Kentucky, Todd D. Ferguson, Assistant Attorney General, Frankfort, KY, for appellee. Before CAPERTON, DIXON, and TAYLOR, Judges. OPINION DIXON, Judge. Kevin Jett, pro se, appeals from a Jefferson Circuit Court order denying his motion for post-conviction relief pursuant to Kentucky Rules of Criminal Procedure (RCr) 11.42. We affi... James ADKINS, Appellant v. COMMONWEALTH of Kentucky, Appellee. , Ky.App., October 30, 2009 Appeal from Ohio Circuit Court, Action No. 07-CR-00033; Ronnie C. Dortch, Judge. Jamesa J. Drake, Assistant Public Advocate, Frankfort, KY, for appellant. Jack Conway, Attorney General of Kentucky, Jason B. Moore, Assistant Attorney General, Frankfort, KY, for appellee. Before MOORE and WINE, Judges; HENRY, [FN1] Senior Judge. FN1. Senior Judge Michael L. Henry sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Constitution... James Robert GIVIDEN, Appellant v. COMMONWEALTH of Kentucky, Appellee. , Ky.App., October 30, 2009 Appeal from Trimble Circuit Court, Action No. 02-CR-00017; Karen A. Conrad, Judge. James Gividen, LaGrange, KY, pro se. Jack Conway, Attorney General of Kentucky, Jason B. Moore, Assistant Attorney General, Frankfort, KY, for appellee. Before: ACREE and DIXON, Judges; GRAVES, [FN1] Senior Judge. FN1. Senior Judge J. William Graves sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Constitution and Kentucky Revised Statute 2... J.S., a Child, Appellant v. COMMONWEALTH of Kentucky, Appellee. , Ky.App., October 30, 2009 Appeal from Fayette Family Court, Action No. 09-J-00131, John P. Schrader, Judge. Gail Robinson, Assistant Public Advocate, Frankfort, KY, for appellant. Jack Conway, Attorney General of Kentucky, J.J. Alleman, Special Assistant Attorney General, Lexington, KY, for appellee. Before ACREE, CAPERTON and KELLER, Judges. OPINION ACREE, Judge. J.S., a child under the age of eighteen, seeks reversal of the Fayette County Family Court decision committing him to the Cabinet for Health and... C.R.G., a/k/a C.R.M., Appellant v. CABINET FOR HEALTH AND FAMILY SERVICES, Commonwealth of Kentucky; S.M.L.M., A Child; and K.A.S.G., A Child, Appellees M.M., Father, Appellant v. Cabinet for Health and Family Services, Commonwealth of Kentucky;, Ky.App., October 30, 2009 Appeal from Kenton Circuit Court, Action No. 07-AD-00087; Christopher J. Mehling, Judge. Rene Heinrich, Newport, KY, for appellant, C.R.G., a/k/a C.R.M. Karen Hoskins Ginn, Ft. Mitchell, KY, for appellant, M.M., Father. Cynthia Kloeker, Covington, KY, for appellee, Cabinet for Health and Family Services. Before STUMBO, THOMPSON and WINE, Judges. OPINION THOMPSON, Judge. C.R.G. a/k/a C.R.M. (mother) and M.M. (father) appeal an order of the Kenton Family Court terminating their p... Russ KEGEL and Mona Kegel, d/b/a Unique Promotional Products, Appellant v. Roxanna TILLOTSON, Appellee. , Ky.App., October 30, 2009 Appeal from McCracken Circuit Court, Action No. 07-CI-01310; R. Jeffrey Hines, Judge. Jason F. Darnall, Benton, KY, for appellant. Charles S. Foster, Mayfield, KY, for appellee. Before CAPERTON, DIXON and TAYLOR, Judges. OPINION CAPERTON, Judge. Russ Kegel and Mona Kegel (d/b/a Unique Promotional Products) (hereinafter Kegel) appeal the September 29, 2008, order of the McCracken Circuit Court granting the motion for summary judgment filed by Appellee, Roxanna Tillotson (Tillotson)... James CAMPBELL, Appellant v. COMMONWEALTH of Kentucky, Appellee. , Ky.App., October 30, 2009 Appeal from Fayette Circuit Court, Action No. 86-CR-00113; Pamela R. Goodwine, Judge. James K. Campbell, Lexington, KY, pro se. Jack Conway, Attorney General of Kentucky, Joshua D. Farley, Assistant Attorney General, Frankfort, KY, for appellee. Before CAPERTON, DIXON and TAYLOR, Judges. OPINION CAPERTON, Judge. James Campbell appeals the denial by the Fayette Circuit Court of his Kentucky Rules of Civil Procedure (CR) 60.02 motion to correct his sentence in light of the recent Ke... COMMONWEALTH of Kentucky, Appellant v. Kelly Gaye BREWER, Appellee. , Ky.App., October 30, 2009 Appeal from Jefferson Circuit Court, Action No. 07-CR-002020; Susan Schulz Gibson, Judge. Jack Conway, Attorney General, Teresa Young, Special Assistant Attorney General, Louisville, KY, for appellant. No Brief for Appellee. Before ACREE, TAYLOR and THOMPSON, Judges. OPINION AND ORDER ACREE, Judge. The Commonwealth appeals from the July 1, 2008 order of the Jefferson Circuit Court voiding the jury verdict and granting Kelly Gaye Brewer a new trial. For the following reasons, we re... Julia CAIN, Appellant v. AMERICAN COMMERCE INSURANCE COMPANY, INC., Appellee. , Ky.App., October 30, 2009 Appeal from Jefferson Circuit Court, Action No. 04-CI-006787; Barry Willett, Judge. David C. Travis, Louisville, KY, for appellant. David A. Calhoun, Louisville, KY, for appellee. Before ACREE, STUMBO, and WINE, Judges. OPINION STUMBO, Judge. Julia Cain appeals from a Declaratory and Final Judgment of the Jefferson Circuit Court interpreting KRS 304.39-140 and determining that American Commerce Insurance Company, Inc. fully satisfied its obligation to pay benefits under an insuran... Martin GOLDSMITH, Appellant v. FIFTH THIRD BANK, Appellee. , Ky.App., October 30, 2009 Appeal from Jefferson Circuit Court, Action No. 03-CI-010566; James M. Shake, Judge. Kevin M. Adams, Louisville, KY, for appellant. M. Thurman Senn, Louisville, KY, for appellee. Before ACREE, STUMBO, and WINE, JUDGES. OPINION WINE, Judge. Appellant, Martin Goldsmith ("Goldsmith"), appeals from an entry of summary judgment in favor of the appellee, Fifth Third Mortgage Company ("Fifth Third") concerning four properties he owned which were sold at foreclosure sale and purchased by ... Joseph B. ROBERTS, Appellant v. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Appellee. , Ky.App., October 30, 2009 Appeal from Henderson Circuit Court, Action No. 04-CI-00370; Stephen A. Hayden, Judge. Kenneth S. Kasacavage, Henderson, KY, for appellant. Trent Apple, Jeffrey W. Kibbey, Louisville, KY, for appellee. Before COMBS, Chief Judge; THOMPSON, Judge; BUCKINGHAM, [FN1] Senior Judge. FN1. Senior Judge David C. Buckingham sitting as a Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Constitution and Kentucky Revised Statutes (KRS) 21.580. ... Donna POWERS, Appellant/Cross-Appellee v. LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT, Appellee/Cross-Appellant. , Ky.App., October 30, 2009 Appeal and Cross-Appeal from Fayette Circuit Court, Action No. 04-CI-03346; Pamela Goodwine, Judge. Debra Ann Doss, Lexington, KY, for appellant/cross-appellee. Leslie P. Vose, Stephanie B. Chadwell, Carolyn Zerga, Leslye Bowman, Lexington, KY, for appellee/cross-appellant. Before COMBS, Chief Judge; ACREE, Judge; BUCKINGHAM, [FN1] Senior Judge. FN1. Senior Judge David C. Buckingham sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of th... John A. HUMPHRESS, Jr., Appellant v. Hon. Doughlas M. GEORGE, Judge, Taylor Circuit Court, et al., Appellees. , Ky., October 29, 2009 On Appeal from Court of Appeals, Case No.2008-CA-001639-OA, Taylor Circuit Court No. 97-CI-00384. Robert C. Bishop, Elizabethtown, KY, Counsel for Appellant and Appellee, Ideas in Action, Inc., Real Party in Interest. Jack Conway, Attorney General of Kentucky, Lisa Kathleen Lang, Assistant Attorney General, Office of Attorney General, Frankfort, KY, Counsel for Appellee, Hon. Doughlas M. George, Judge, Taylor Circuit Court. Danny Butler, Greensburg, KY, Counsel for Appellee, Patricia A... KENTUCKY BAR ASSOCIATION, Movant v. Kenneth J. WHITEHEAD, Respondent. , Ky., October 29, 2009 ORDER JOHN D. MINTON JR., Chief Justice. Pursuant to the Kentucky Bar Association's motion and SCR 3.435, Kenneth J. Whitehead, whose KBA member number is 76425 and who was admitted to practice law in this Commonwealth on November 7, 1984, is ordered to show cause why he should not be subject to reciprocal discipline after being suspended from the practice of law for four years and ordered by the Supreme Court of Arizona to pay restitution to his clients in the amount of $112,464.80. In accor... Noah HICKS, Appellant v. COMMONWEALTH of Kentucky, Appellee. , Ky., October 29, 2009 On Appeal from Breckinridge Circuit Court, No. 06-CR-00078; Sam Monarch, Judge. MEMORANDUM OPINION OF THE COURT Appellant, Noah Hicks, appeals his Breckenridge Circuit Court conviction of Kidnapping, Robbery in the Second Degree and Assault in the First Degree. The jury recommended, and the trial court imposed, a sentence of twenty-five (25) years for Kidnapping, and ten (10) years each for the robbery and assault, enhanced by Persistent Felony Offender (PFO) in the Second-Degree. The sentence... Danny BURRESS, Appellant v. COMMONWEALTH of Kentucky, Appellee. , Ky., October 29, 2009 On Appeal from Taylor Circuit Court, No. 04-CR-00259; Doughlas M. George, Judge. Emily Holt Rhorer, Department of Public Advocacy, Frankfort, KY, Counsel for Appellant. Jack Conway, Attorney General, David Bryan Abner, Office of Criminal Appeals, Office of the Attorney, Frankfort, KY, Counsel for Appellee. MEMORANDUM OPINION OF THE COURT Appellant, Danny Burress, appeals from the December 18, 2007, judgment of the Taylor Circuit Court convicting him of second-degree trafficking in a cont... Sandra Lynn Green JACKSON, Appellant v. COMMONWEALTH of Kentucky, Appellee. , Ky., October 29, 2009 On Appeal from Daviess Circuit Court, No. 06-CR-00676; Henry M. Griffin, Judge. Thomas More Ransdell, Assistant Public Advocate, Department Of Public Advocacy, Frankfort, KY, Counsel for Appellant. Jack Conway, Attorney General, Susan Roncarti Lenz, Assistant Attorney General, Office of Attorney General, Criminal Appellate Division, Frankfort, KY, Counsel for Appellee. MEMORANDUM OPINION OF THE COURT This is an appeal from a judgment wherein Appellant was convicted of one count of first-... John COLEMAN, Appellant v. COMMONWEALTH of Kentucky, Appellee. , Ky., October 29, 2009 On Appeal from Kenton Circuit Court, No. 06-CR-00238; Patricia M. Summe, Judge. Shannon Renee Dupree, Assistant Public Advocate, Department of Public Advocacy, Frankfort, KY, for appellant. Jack Conway, Attorney General, Susan Roncarti Lenz, Assistant Attorney General, Office of Attorney General, Frankfort, KY, for appellee. MEMORANDUM OPINION OF THE COURT Appellant John Coleman was convicted of possession of a handgun by a convicted felon and being a second-degree persistent felony offe... Jeffrey STEITZ, Appellant v. COMMONWEALTH of Kentucky, Appellee. , Ky., October 29, 2009 On Appeal From Jefferson Circuit Court, No. 07-CR-000277; Geoffrey P. Morris, Judge. Thomas More Ransdell, Assistant Public Advocate, Kathleen Kallaher Schmidt, Appeals Branch Manager, Department of Public Advocacy, Frankfort, KY, for appellant. Jack Conway, Attorney General, Heather Michelle Fryman, Assistant Attorney General, Office of Criminal Appeals, Office of the Attorney General, Frankfort, KY, for appellee. MEMORANDUM OPINION OF THE COURT Appellant Jeffrey Steitz appeals as a mat... Overson JACKSON, Appellant v. COMMONWEALTH of Kentucky, Appellee. and Deshawn Moffett, Appellant v. Commonwealth of Kentucky, Appellee. , Ky., October 29, 2009 On Appeal from Jefferson Circuit Court, Nos. 05-CR-002608, 05-CR-002022-004 and 07-CR-003657; F. Kenneth Conliffe, Judge. Bruce P. Hackett, Deputy Appellate Defender, Office of the Louisville Metro Public Defender, Elizabeth B. McMahon, Assistant Public Defender, Office of the Jefferson District Public Defender, Louisville, KY, Counsel for Appellant, Overson Jackson. James David Niehaus, Deputy Appellate Defender, Office of the Louisville Metro Public Defender, Louisville, KY, Counsel for ... Jason TODD, Appellant v. COMMONWEALTH of Kentucky, Appellee. , Ky., October 29, 2009 Appeal from Woodford Circuit Court, No. 06-CR-00081 and 06-CR-00097; Robert G. Johnson, Judge. Susan Jackson Balliet, Assistant Public Advocate, Department of Public Advocacy, Frankfort, KY, for appellant. Jack Conway, Attorney General, Michael John Marsch, Assistant Attorney General, Office of Criminal Appeals, Attorney General's Office, Frankfort, KY, for appellee. MEMORANDUM OPINION OF THE COURT Appellant, Jason Lee Todd, was convicted of murdering Valerie Monjure and assaulting Patr... Craig Edward BASSHAM, Appellant v. COMMONWEALTH of Kentucky, Appellee. , Ky., October 29, 2009 On Appeal from Jefferson Circuit Court, Nos. 05-CR-003593 & 06-CR-002159; Barry Willett, Judge. Daniel T. Goyette, Louisville Metro Public Defender, Elizabeth B. McMahon, Office of the Jefferson District, Louisville Metro Public Defender, Louisville, KY, Counsel for Appellant. Jack Conway, Attorney General, Christian Kenneth Ray Miller, Assistant Attorney General, Office of Attorney General, Office of Criminal Appeals, Frankfort, KY, Counsel for Appellee. MEMORANDUM OPINION OF THE COURT... Blake HADDIX, Appellant v. COMMONWEALTH of Kentucky, Appellee. , Ky., October 29, 2009 On Appeal from Breathitt Circuit Court, No. 03-CR-00139; Frank A. Fletcher, Judge. Bruce William Francisky, Attorney at Law. Winchester, KY, Counsel for Appellant. Jack Conway, Attorney General, Christian Kenneth Ray Miller, Assistant Attorney General, Office of the Attorney General, Office of Criminal Appeals, Frankfort, KY, Counsel for Appellee. MEMORANDUM OPINION OF THE COURT Appellant Blake Haddix appeals to this Court from a judgment of the Breathitt Circuit Court denying him a new ... Rebecca DAWSON, Appellant v. CORNERSTONE CARE, LLC; Honorable Richard M. Joiner, Administrative Law Judge; and Workers' Compensation Board, Appellees. , Ky., October 29, 2009 On Appeal from Court of Appeals Case, No.2008-CA-000856-WC; Workers' Compensation Board No. 00-01244. David R. Marshall, Lexington, KY, for Appellant, Rebecca Dawson. Hugh Brettelle Stonecipher, Ferreri & Fogle, Lexington, KY, for Appellee, Cornerstone Care, LLC. MEMORANDUM OPINION OF THE COURT The Administrative Law Judge (ALJ) refused to modify the claimant's award, having found that the record at reopening contained no objective medical findings of a worsening of impairment. The Worke... HEAVEN HILL DISTILLERIES, INC., Appellant v. Bonnie LAWSON; Honorable James L. Kerr, Administrative Law Judge; and Workers' Compensation Board, Appellees. , Ky., October 29, 2009 On Appeal from Court of Appeals, Case No.2008-CA-001041-WC, Workers' Compensation Board No. 05-00194. Walter Elliott Harding, Boehl, Stopher, & Graves, LLP, Louisville, KY, Counsel for Appellant, Heaven Hill Distilleries, Inc. Ben Thomas Haydon, Jr., Bardstown, KY, Counsel for Appellee, Bonnie Lawson. MEMORANDUM OPINION OF THE COURT This appeal is taken from the Court of Appeals' decision to reaffirm an award of double income benefits under KRS 342.730(1)(c)2. The claim involved the effe... James KELLY, Appellant v. RADAC CORP.; Honorable A. Thomas Davis, II, Administrative Law Judge; and Workers' Compensation Board, Appellees. , Ky., October 29, 2009 On Appeal from Court of Appeals, Case No.2008-CA-000075-WC, Workers' Compensation Board No. 05-92344. James Burns Galbreath, Fort Thomas, KY, Counsel for Appellant, James Kelly. Stanley S. Dawson, Fulton & Devlin, Louisville, KY, Counsel for Appellee, Radac Corp. MEMORANDUM OPINION OF THE COURT This appeal is taken from a Court of Appeals decision to reaffirm the claimant's partial disability award. The claimant argues that the Administrative Law Judge (ALJ) erred by failing to afford pr... Rick D. RIDENER, Appellant v. SOUTH KY RURAL ELECTRIC COOPERATIVE CORP.; Honorable John B. Coleman, Administrative Law Judge; and Workers' Compensation Board, Appellees. , Ky., October 29, 2009 On Appeal from Court of Appeals, Case No.2008-CA-001520-WC, Workers' Compensation Board No. 07-99273. McKinnley Morgan, Morgan, Madden, Brashear & Collins, London, KY, Counsel for Appellant, Rick D. Ridener. Hugh Brettelle Stonecipher, Ferreri & Fogle, Lexington, KY, Counsel for Appellee, South Ky Rural Electric Cooperative Corp. MEMORANDUM OPINION OF THE COURT An Administrative Law Judge (ALJ) found the claimant's work-related back injury to be only partially disabling. The Workers' Com... Roberta D. McCAULEY, Appellant v. HUMANA SOUTHWEST HOSPITAL; Honorable J. Landon Overfield, Administrative Law Judge; and Workers' Compensation Board, Appellees. , Ky., October 29, 2009 On Appeal from Court of Appeals, Case No.2008-CA-000826-WC, Workers' Compensation Board No. 92-43525. Robert M. Lindsay, Segal, Lindsay, Janes & Berry PLLC, Louisville, KY, Counsel for Appellant, Roberta D. McCauley. Judson Fuller Devlin, Fulton & Devlin, Louisville, KY, Counsel for Appellee, Humana Southwest Hospital. MEMORANDUM OPINION OF THE COURT This appeal concerns motions by an employer and injured worker to reopen the settled award for a 1992 lumbar spine injury. An Administrativ... Eckart ALUMINUM, Appellant v. Dustin CARKUFF; Honorable James L. Kerr, Administrative Law Judge; and Workers' Compensation Board, Appellees. , Ky., October 29, 2009 On Appeal from Court of Appeals, Case No.2008-CA-001235-WC, Workers' Compensation Board No. 05-96404. Lyn Douglas Powers, Fulton & Devlin, Louisville, KY, for appellant, Eckart Aluminum. Neil Steven Weiner, Louisville, KY, for appellee, Dustin Carkuff. MEMORANDUM OPINION OF THE COURT An Administrative Law Judge (ALJ) found the claimant's application for benefits for a 2005 injury to be timely because he filed it within two years after the payment of temporary total disability (TTD) benef... Jerry McGUIRE, Appellant v. COAL VENTURES HOLDING COMPANY, INC.; Honorable Sheila C. Lowther, Chief Administrative Law Judge; and Workers' Compensation Board, Appellees. , Ky., October 29, 2009 On Appeal from Court of Appeals, Case No.2007-CA-002554-WC, Workers' Compensation Board No. 05-00468. Miller Kent Carter, Miller Kent Carter & Michael Lucas, PLLC, Pikeville, KY, for appellant, Jerry McGuire. Jeffrey Dale Damron, Baird & Baird, PSC, Pikeville, KY, for appellee, Coal Ventures Holding Company, Inc. MEMORANDUM OPINION OF THE COURT The Chief Administrative Law Judge (CALJ) dismissed the claimant's February 8, 2007, application for pneumoconiosis benefits based on the law of ... Tamara GORMLEY, Judge Woodford Circuit Court, Appellant v. Robert DAMERON, Appellee and Vanessa Waddle, Formerly Vanessa Dameron; Mary Dameron; William W. Roberts, Rowan County Attorney; and Alan J. George, Woodford County Attorney, Real Parties , Ky., October 29, 2009 On Review from Court of Appeals, Case No.2008-CA-001964-OA, Woodford Circuit Court No. 95-CI-00306. David W. Anderson, Charles Everett English, English, Lucas, Priest & Owsley, LLP, Bowling Green, KY, Counsel for Appellant. David Allen Barber, Prestonsburg, KY, Counsel for Appellee. Vanessa Waddle, Formerly Vanessa Dameron, pro se. Mary Dameron, Frankfort, KY, pro se. William Warner Roberts, Roberts & Watkins, Morehead, KY, Counsel for Real Party in Interest William W. Roberts, Ro... BRUNSWICK BOWLING LEAGUE, Appellant v. John SIMS; Honorable Chris Davis, Administrative Law Judge; and Workers' Compensation Board, Appellees. , Ky., October 29, 2009 On Appeal from Court of Appeals, Case No.2008-CA-002155-WC, Workers' Compensation Board No. 99-54628. Thomas Michael Edelen, Kathleen Elizabeth Savatiel, Ward, Hocker & Thornton, PLLC, Louisville, KY, Counsel for Appellant, Brunswick Bowling League. Wayne C. Daub, Louisville, KY, Counsel for Appellee, John Sims. MEMORANDUM OPINION OF THE COURT An Administrative Law Judge (ALJ) determined that Slone v. Jason Coal Co. [FN1] precluded the claimant from raising a psychological condition at r... Roy APPLEGATE, Appellant v. COMMONWEALTH of Kentucky, Appellee. , Ky., October 29, 2009 On Appeal from Lewis Circuit Court, No. 05-CR-00070; Robert B. Conley, Judge. Jamesa J. Drake, Assistant Public Advocate, Department of Public Advocacy, Frankfort, KY, Counsel for Appellant. Jack Conway, Attorney General, Joshua D. Farley, Assistant Attorney General, Office of Criminal Appeals, Office of the Attorney General, Frankfort, KY, Counsel for Appellee. Opinion of the Court by Justice SCHRODER. Roy Applegate appeals from the May 21, 2007, judgment of the Lewis Circuit Court... Tim EMBERTON, Appellant v. GMRI, INC., f/k/a General Mills Restaurants, Inc. (d/b/a Red Lobster Restaurant # 349), et al, Appellees. , Ky., October 29, 2009 On Review from Court of Appeals, Case Nos.2005-CA-002355-MR & 2005-CA- 002517-MR, Warren Circuit Court No. 04-CI-01213. Casey Alan Hixson, Stephen L. Hixson, Bowling Green, KY, Counsel for Appellant. Matthew Porter Cook, Stefan Richard Hughes, Cole & Moore, P.S.C., Bowling Green, KY, Counsel for Appellees. Opinion of the Court by Justice SCOTT. This is an appeal from a Court of Appeals' opinion reversing the Judgment of the Warren Circuit Court in favor of Appellant/Cross-Appellee, ... KENTUCKY BAR ASSOCIATION, Movant v. Roger P. ELLIOTT, Respondent. , Ky., October 29, 2009 OPINION AND ORDER JOHN D. MINTON, JR., Chief Justice. Pursuant to SCR 3.166, the Kentucky Bar Association (KBA) requests this Court to enter an Order confirming the automatic temporary suspension of Roger P. Elliott from the practice of law. Mr. Elliott, KBA Member No. 20767, was admitted to the practice of law in this Commonwealth by Order entered October 5, 1975, and his bar roster address is 304 Golf Club Drive, Nicholasville, Kentucky 40356. On May 6, 2009, Elliott was indicted by a Pulas... KENTUCKY BAR ASSOCIATION, Movant v. Bruce D. ATHERTON Kba Membership No. 02127, Respondent. , Ky., October 29, 2009 OPINION AND ORDER JOHN D. MINTON, JR., Chief Judge. Pursuant to SCR 3.166, the Kentucky Bar Association (KBA) requests that this Court enter an order confirming the automatic suspension of Respondent, Bruce D. Atherton, from the practice of law due to his recent plea of guilty to a felony offense. The KBA's request is granted. Respondent, whose last known bar roster address is Bruce D. Atherton & Associates, 455 S. 4th Street, Suite 1450, Louisville, Kentucky 40202, was admitted to the pra... KENTUCKY BAR ASSOCIATION, Movant v. David R. STEELE, Respondent. , Ky., October 29, 2009 OPINION AND ORDER JOHN D. MINTON JR., Chief Justice. On April 29, 2009, the Kentucky Bar Association (KBA) moved this Court to enter an order directing David R. Steele, whose KBA member number is 88267 and whose bar roster address is 258 Suzanne Way, Florence, Kentucky, 41042, to show cause why he should not be subject to reciprocal discipline after being publicly censured by the Supreme Court of Tennessee. The KBA also requested that if such cause be lacking, this Court enter an order in acc... KENTUCKY BAR ASSOCIATION, Movant v. Gregory Curtis MENEFEE, Respondent. , Ky., October 29, 2009 OPINION AND ORDER JOHN D. MINTON, JR., Chief Judge. The Board of Governors of the Kentucky Bar Association has recommended to this Court that Respondent, Gregory Curtis Menefee, who was admitted to practice law in Kentucky in October 1990, whose Member No. is 83568, and whose last known bar roster address is P.O. Box 15943, Louisville, KY 40259, be permanently disbarred as a result of ten separate disciplinary charges which resulted in default cases under SCR 3.210. We agree with and adopt th... KENTUCKY BAR ASSOCIATION, Movant v. Luann C. GLIDEWELL, Respondent. , Ky., October 29, 2009 OPINION AND ORDER JOHN D. MINTON, JR., Chief Justice. The Kentucky Bar Association (KBA) petitions this Court pursuant to SCR 3.370(8) to determine the limited issue of whether Luann Glidewell, whose KBA member number is 83981 and whose bar roster address is 100 North 6th Street, 5th Floor, Louisville, Kentucky, 40202, is guilty of violating SCR 3.130-8.3(c) [FN1], which prohibits a lawyer from engaging in conduct involving dishonesty, fraud, or misrepresentation. If this Court finds Glidew... Richard GABBARD, Appellant v. COMMONWEALTH of Kentucky, Appellee. , Ky., October 29, 2009 Appeal from Lee Circuit Court, No. 06-CR-00028; Thomas P. Jones, Judge. Shannon Renee Dupree, Assistant Public Advocate, Department of Public Advocacy, Frankfort, KY, Counsel for Appellant. Jack Conway, Attorney General, Gregory C. Fuchs, Assistant Attorney General, Office of Attorney General, Criminal Appellate Division, Frankfort, KY, Counsel for Appellee. Opinion of the Court by Justice NOBLE. Appellant Richard Gabbard was convicted of murdering his girlfriend by shooting her. On... Mark E. BAUDER, Appellant v. COMMONWEALTH of Kentucky, Appellee. , Ky., October 29, 2009 On Review from Court of Appeals, Case No.2007-CA-001915-DR, Boyle Circuit Court No. 07-XX-00002. John Richard Clay, Clay & Clay, Danville, KY, Counsel for Appellant. Jack Conway, Attorney General, Heather Michelle Fryman, Assistant Attorney General, Office of the Attorney General, Office of Criminal Appeals, Frankfort, KY, Richard H. Campbell, Jr., Boyle County Attorney, Danville, KY, Richard Lenn Bottoms, Commonwealth Attorney, Harrodsburg, KY, Counsel for Appellee. Opinion of the Co... Brian JAROSZEWSKI and Amy Page-Jaroszewski, Appellants v. Charles F. FLEGE and Karen Jaroszewski, Appellees. , Ky., October 29, 2009 On Review from Court of Appeals, Case No.2006-CA-002543-MR; Grant Circuit Court No. 01-CI-00163. Trevor Wayne Wells, Miller & Wells, PLLC, Lexington, KY, Counsel for Appellants. Jack Scott Gatlin, Peter Wade Whaley, Ackman, Lorenz, Gatlin & Voelker, PLLC, Williamstown, KY, Counsel for Appellee Charles F. Flege. Ann Geisheimer, Lynch, Cox, Gilman & Mahan, P.S.C., Louisville, KY, Counsel for Apellee Karen Jaroszewski. Opinion of the Court by Chief Justice MINTON. I. INTRODUCTION. W... Steve BURTON, Appellant v. COMMONWEALTH of Kentucky, Appellee. , Ky., October 29, 2009 Holdings: Defendant appealed. The Supreme Court, Scott, J., held that: (1) relevance, in terms of showing wantonness, of defendant's positive urinalysis results for marijuana and cocaine was substantially outweighed by danger of undue prejudice; (2) error in admitting urinalysis results was not harmless; (3) drug-recognition testimony by state expert who did not observe defendant at scene of accident was inadmissible; (4) passenger in other vehicle, who sustained massive injuries... Stephen R. CHAPPELL, individually and as Partners and/or Employees of Landrum & Shouse, a Kentucky General Partnership, et al., Appellants v. KUHLMAN ELECTRIC CORPORATION, Appellee and Kuhlman Electric Corporation, Appellant v. Stephen R. Chapp, Ky., October 29, 2009 On Review from Court of Appeals, Case Nos.2003-CA-001232-MR & 2004-CA- 000633-MR, Fayette Circuit Court No. 01-CI-03147. Elizabeth S. Feamster, Guy R. Colson, Fowler, Measle & Bell, LLP, Lexington, KY, Counsel for Stephen R. Chappell, Individually and as Partners and/or Employees of Landrum & Shouse, a Kentucky General Partnership; Thomas M. Cooper, Individually and as Partners and/or Employees of Landrum & Shouse, a Kentucky General Partnership; Landrum & Shouse, a Kentucky General Partnersh... Michael CECIL, Appellant v. COMMONWEALTH of Kentucky, Appellee. , Ky., October 29, 2009 On Appeal from Jefferson Circuit Court, No. 06-CR-002483; Geoffrey P. Morris, Judge. Daniel T. Goyette, Angela Marie Rea, Louisville Metro Public Defenders, Louisville, KY, Counsel for Appellant. Jack Conway, Attorney General, Bryan Darwin Morrow, Office of the Attorney General, Frankfort, KY, Counsel for Appellee. Opinion of the Court by Justice CUNNINGHAM. Appellant, Michael Cecil, was indicted on two counts of rape in the first degree and one count of intimidating a participant i... Tommie BROWN, Appellant v. COMMONWEALTH of Kentucky, Appellee. , Ky., October 29, 2009 Appeal from Fulton Circuit Court, No. 07-CR-00133; Timothy A. Langford, Judge. Shannon Renee Dupree, Assistant Public Advocate, Department of Public Advocacy, Frankfort, KY, Counsel for Appellant. Jack Conway, Attorney General, Jeffrey Allan Cross, Criminal Appellate Division, Office of the Attorney General, Frankfort, KY, Counsel for Appellee. Opinion of the Court by Justice NOBLE. Appellant Tommie Brown was convicted in the Fulton Circuit Court of first-degree fleeing or evading p... KENTUCKY ASSOCIATED GENERAL CONTRACTORS SELF-INSURANCE FUND (KAGC), Appellant v. MUSIC CONSTRUCTION, INC., Appellee. , Ky., October 29, 2009 On Review from Court of Appeals, Case Nos.2007-CA-000699-MR and 2007-CA- 000736-MR, Montgomery Circuit Court No. 07-CI-90021. Douglas Anthony U'Sellis, U'Sellis & Kitchen, PSC, Louisville, KY, Counsel for Appellant, Kentucky Associated General Contractors Self-Insurance Fund (KAGC). Shawn C. Conley, Vanantwerp, Monge, Jones & Edwards, Ashland, KY, Counsel for Appellee, Music Construction, Inc. OPINION OF THE COURT This appeal is taken from a Court of Appeals decision to affirm the trial ... Betty J. SWEASY, Appellant v. WAL-MART STORES, INC. # 1269; Honorable Richard M. Joiner, Administrative Law Judge; and Workers' Compensation Board, Appellees. , Ky., October 29, 2009 On Appeal from Court of Appeals, Case No.2008-CA-001571-WC; Workers' Compensation Board No. 05-65193. Wayne C. Daub, Louisville, KY, Counsel for Appellant, Betty J. Sweasy. William Bryan Hubbard, Ward, Hocker & Thornton, PLLC, James Richard Martin, II, Lexington, KY, Counsel for Appellee, Wal-Mart Stores, Inc. # 1269. OPINION OF THE COURT The Workers' Compensation Board reversed an Administrative Law Judge's (ALJ's) decision to award permanent partial disability benefits from the date t... Andre FINNELL, Appellant v. COMMONWEALTH of Kentucky, Appellee. , Ky., October 29, 2009 On Appeal from Kenton Circuit Court, No. 07-CR-00130; Patricia M. Summe, Judge. Karen Shuff Maurer, Assistant Public Advocate, Department of Public Advocacy, Frankfort, KY, Counsel for Appellant. Jack Conway, Attorney General, Gregory C. Fuchs, Assistant Attorney General, Office of Attorney General, Criminal Appellate Division, Frankfort, KY, Counsel for Appellee. Opinion of the Court by Justice NOBLE. Appellant Andre Finnell was convicted by the Kenton Circuit Court of facilitation... Denver Ray WILLIAMS, Appellant v. COMMONWEALTH of Kentucky, Appellee. , Ky.App., October 23, 2009 Holdings: The Court of Appeals, David C. Buckingham, Senior Judge, sitting by assignment, held that: (1) ripped-up pieces of copy paper found in a waste-basket in defendant's residence did not constitute a "forged instrument"; (2) evidence created jury question as to whether defendant committed offense of possession of forgery device; (3) whether defendant's failure to appear at preliminary hearing was intentional was jury question, for purposes of bail jumping charge; and (4) de... BETSY WILSON REALTY, INC.; Betsy Wilson; and Tony Wilson, Appellants v. Linda GREEN, Appellee. , Ky.App., October 23, 2009 Appeal from Boyle Circuit Court, Action No. 07-CI-00133; Darren W. Peckler, Judge. Jeffrey C. Rager, Lexington, KY, for appellant. William R. Erwin, Danville, KY, for appellee. Before KELLER and NICKELL, Judges; LAMBERT, [FN1] Senior Judge. FN1. Senior Judge Joseph E. Lambert sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Constitution and KRS 21.580. OPINION KELLER, Judge. This appeal arises out of a dispute over a... DLX, INC., Appellant v. FOX TROT PROPERTIES, LLC, as assignee of Star Transport, Inc., the assignee of Red Star Coal Company, Appellee. , Ky.App., October 23, 2009 Appeal from Fayette County Circuit Court; Action No. 96-CI-02571; Ernesto Scorsone, Judge. Wayne F. Collier, Esq. Lexington, KY, for appellant. Michael R. Eaves, Valerie J. Himes, Richmond, KY, for appellee. Before COMBS, Chief Judge; MOORE, Judge; LAMBERT, [FN1] Senior Judge. FN1. Senior Judge Joseph Lambert sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Constitution and Kentucky Revised Statute (KRS) 21.580. OPINION... Betty McCLEES; and Bobby Combs, Appellants v. Gary COMBS; Delena Combs; and James Combs, Appellees. , Ky.App., October 23, 2009 Appeal from Knott Circuit Court, Action No. 97-CI-00277; Samuel T. Wright III, Judge. Michael S. Endicott, Paintsville, KY, for appellant. Wayne F. Collier, Lexington, KY, James D. Asher, Whitesburg, KY, for appellees. Before COMBS, Chief Judge; VANMETER, Judge; LAMBERT, [FN1] Senior Judge. FN1. Senior Judge Joseph E. Lambert sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Constitution and Kentucky Revised Statutes (KRS)... Terrance Lee WAGNER, Appellant v. COMMONWEALTH of Kentucky, Appellee. , Ky.App., October 23, 2009 Appeal From Hardin Circuit Court, Action No. 00-Cr-00284; Kelly Mark Easton, Judge. Terrance Lee Wagner, LaGrange, Kentucky, pro se. Jack Conway, Attorney General, Michael L. Harned, Assistant Attorney General, Frankfort, KY, for appellee. Before ACREE and CLAYTON, Judges; HARRIS, [FN1] Senior Judge. FN1. Senior Judge William R. Harris sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Constitution and Kentucky Revised Stat... Danny CHAMBERS, Appellant v. Dr. Scott A. HAAS; Dr. Harold Douglas Crall; John Rees, Commissioner, Department of Corrections; Dr. Bashiramed Ameji; John Doe; and Jane Doe, Appellees. , Ky.App., October 23, 2009 Appeal from Franklin Circuit Court, Action No. 04-CI-01310; Thomas D. Wingate, Judge. Danny Chambers, pro se West Liberty, KY, for appellant. Amy V. Barker, Frankfort, KY, for appellees. Before MOORE and WINE, Judges; HENRY, [FN1] Senior Judge. FN1. Senior Judge Michael L. Henry sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Constitution and Kentucky Revised Statutes (KRS) 21.580. OPINION HENRY, Senior Judge. Danny... Jennifer SAPP, Appellant v. COMMONWEALTH of Kentucky, Appellee. , Ky.App., October 23, 2009 Appeal from Warren Circuit Court, Action No. 07-CR-01167; Steve Alan Wilson, Judge. Terry B. Boeckmann, Bowling Green, KY, for appellant. Jack Conway, Attorney General, David B. Abner, Assistant Attorney General, Frankfort, KY, for appellee. Before ACREE and CLAYTON, Judges; HARRIS, [FN1] Senior Judge. FN1. Senior Judge William R. Harris sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Constitution and Kentucky Revised St... Joe A. BROWDER, Jr., Appellant v. COMMONWEALTH of Kentucky, Appellee. , Ky.App., October 23, 2009 Appeal from Daviess Circuit Court, Action No. 04-CR-00547; Thomas O. Castlen, Judge. Joe A. Browder, Jr., Pro se, Eddyville, KY, for appellant. Jack Conway, Attorney General of Kentucky, Todd D. Ferguson, Assistant Attorney General, Frankfort, KY, for appellee. Before KELLER, STUMBO, and VANMETER, Judges. OPINION VANMETER, Judge. Joe Alexander Browder, Jr. appeals from the Daviess Circuit Court's order denying his motion for post-conviction relief pursuant to RCr [FN1] 11.42. For ... Carl Douglas HOLLAND, Appellant v. COMMONWEALTH of Kentucky, Appellee. , Ky.App., October 23, 2009 Appeal From Mccracken Circuit Court, Action No. 02-CR-00339; Robert J. Hines, Judge. Carl Douglas Holland, Burgin, KY, pro se. Jack Conway, Attorney General of Kentucky, Perry T. Ryan, Assistant Attorney General, Frankfort, KY, for appellee. Before CLAYTON, MOORE, and VANMETER, Judges. OPINION VANMETER, Judge. Carl Holland appeals pro se from an order of the McCracken Circuit Court denying Holland's motion for post-conviction relief pursuant to RCr [FN1] 11.42. For the following r... Janet CABLE, Appellant v. Imogene STEELY and Wade Fields, Appellees. , Ky.App., October 23, 2009 Appeal from Wolfe Circuit Court, Action No. 05-CI-00169; Frank Fletcher, Judge. Wade Rasner, Booneville, KY, for Appellant. Melissa C. Howard, Jackson, KY, for Appellee. Before CLAYTON and THOMPSON, Judges; LAMBERT, [FN1] Senior Judge. FN1. Senior Judge Joseph E. Lambert sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Constitution and Kentucky Revised Statutes (KRS) 21.580. OPINION THOMPSON, Judge. Janet Cable appea... Katherine CARUTHERS; A.B. Walters; Lakie Robinette; Mary Lee Curry; Myrtle S. Maynard; Colene Smith, Rece; John L. Robinette; Linda Johnson; Cathy Smith; Ann Smith Robinette; Corenelia Sue Chapman Day; Willa Marie Simon; Grace T. Smith; Carl B. Smith, Ky.App., October 23, 2009 Appeal from Pike Circuit Court, Action No. 00-CI-00329; Eddy Coleman, Judge. Dwight O. Bailey, Flatwoods, KY, for Appellants. James P. Pruitt, Jr., Pikeville, KY, for Appellee, John B. Goff Land Company, Inc. Before COMBS, Chief Judge; ACREE and VANMETER, Judges. OPINION VANMETER, Judge. Kathy Caruthers and numerous heirs of George W. Smith (hereinafter referred to collectively as Appellants) appeal from a Pike Circuit Court judgment addressing ownership rights to a parcel of real... Robert TURPIN, Appellant v. COMMONWEALTH of Kentucky, Appellee. , Ky.App., October 23, 2009 Appeal from Estill Circuit Court, Action No. 06-CR-00004; Thomas P. Jones, Judge. Erin Hoffman Yang, Assistant Public Advocate, Frankfort, KY, for appellant. Jack Conway, Attorney General of Kentucky, Bryan D. Morrow, Assistant Attorney General, Frankfort, KY, for appellee. Before LAMBERT and TAYLOR, Judges; HENRY, [FN1] Senior Judge. FN1. Senior Judge Michael L. Henry sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Cons... Vincent NAPIER, Appellant v. COMMONWEALTH of Kentucky, Appellee. , Ky.App., October 23, 2009 Appeal from Boyle Circuit Court, Action No. 06-CR-00184; Darren W. Peckler, Judge. Steven Buck, Assistant Public Advocate, Department of Public Advocacy, Frankfort, KY, for appellant. Jack Conway, Attorney General of Kentucky, Stephen B. Humphress, Assistant Attorney General, Frankfort, KY, for appellee. Before LAMBERT and TAYLOR, Judges; HENRY, [FN1] Senior Judge. FN1. Senior Judge Michael L. Henry sitting as Special Judge by assignment of the Chief Justice pursuant to Section... Ernest SANDERS, Appellant v. COMMONWEALTH of Kentucky, Appellee. , Ky.App., October 23, 2009 Appeal from Bullitt Circuit Court, Action No. 06-CR-00419; Rodney Burress, Judge. C. Fred Partin, Louisville, KY, for appellant. Jack Conway, Attorney General of Kentucky, Michael J. Marsch, Assistant Attorney General, Frankfort, KY, for appellee. Before CAPERTON and DIXON, Judges; HENRY, [FN1] Senior Judge. FN1. Senior Judge Michael L. Henry sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Constitution and Kentucky Revis... Alan OLBERT, Appellant v. COMMONWEALTH of Kentucky, Appellee. , Ky.App., October 23, 2009 Appeal from Kenton Circuit Court, Action No. 07-CR-00468; Gregory M. Bartlett, Judge. Gene Lewter, Frankfort, Kentucky, for appellant. Jack Conway, Attorney General of Kentucky, David B. Abner, Assistant Attorney General, Frankfort, KY, for appellee. Before COMBS, Chief Judge; ACREE, Judge; BUCKINGHAM, [FN1] Senior Judge. FN1. Senior Judge David C. Buckingham sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Constitution ... Gary Steven YOUNG v. Laura Sue YOUNG. , Ky.App., October 23, 2009 Appeal from Greenup Family Court, Action No. 04-CI-00698; Lewis D. Nicholls, Judge. R. Stephen McGinnis, Greenup, KY, for appellant. Roger R. Cantrell, Greenup, KY, for appellee. Before CAPERTON, THOMPSON and WINE, Judges. OPINION THOMPSON, Judge. Gary Steven Young appeals from the Greenup Family Court's order adjudicating division and valuation of the parties' marital and non-marital property. For the reasons stated below, we affirm. Gary and Laura were married on June 3, 1995... Jerry HAMILTON, Appellant v. COMMONWEALTH of Kentucky, Appellee. , Ky.App., October 23, 2009 Appeal from Fayette Circuit Court, Action No. 07-CR-00420; Thomas L. Clark, Judge. Julia K. Pearson, Assistant Public Advocate, Frankfort, KY, for appellant. Jack Conway, Attorney General of Kentucky, Gregory C. Fuchs, Assistant Attorney General, Frankfort, KY, for appellee. Before MOORE and WINE, Judges; HENRY, [FN1] Senior Judge. FN1. Senior Judge Michael L. Henry sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Constit... Joseph L. and Julie L. HARDESTY, Appellants v. SCOT-BILT HOMES, INC. and Kenneth S. Burns, Appellees. , Ky.App., October 23, 2009 Appeal from Jefferson Circuit Court, Action No. 05-Ci-006517; Judith E. McDonald-Burkman, Judge. David B. Ratterman, Angela R. Stephens, Louisville, KY, for appellants. Gerald L. Stovall, Brian A. Veeneman, Louisville, KY, for appellees. Before COMBS, Chief Judge; CAPERTON and CLAYTON, Judges. OPINION CAPERTON, Judge. Joseph and Julie Hardesty ("the Hardestys") appeal the jury verdict in favor of residential homebuilder, Scot-Bilt Homes, Inc. and its owner Kenneth Burns (collectiv... Johnathan D. PARKS, Appellant v. COMMONWEALTH of Kentucky, Appellee. , Ky.App., October 23, 2009 Appeal from Muhlenberg Circuit Court, Action No. 07-CR-00086; David H. Jernigan, Judge. Steven J. Buck, Assistant Public Advocate, Frankfort, KY, for appellant. Jack Conway, Attorney General of Kentucky, David B. Abner, Assistant Attorney General, Frankfort, KY, for appellee. Before LAMBERT and TAYLOR, Judges; HENRY, [FN1] Senior Judge. FN1. Senior Judge Michael L. Henry sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Co... Harold E. BAKER and Martha Baker, Appellants v. Wayne and Pat ANDERSON and TZRA Homes of Kentucky, LLC, Appellees. , Ky.App., October 23, 2009 Appeal from Lincoln Circuit Court, Action No. 06-CI-00296; David A. Tapp, Judge. William R. Erwin, Danville, KY, for appellants. Christopher K. Herron, Danville, KY, for appellees Wayne And Pat Anderson. D. Bruce Orwin, Somerset, KY, for appellee TZRA Homes of Kentucky, LLC. Before CLAYTON and TAYLOR, Judges; KNOPF, [FN1] Senior Judge. FN1. Senior Judge William L. Knopf sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky ... William D. GOLDSMITH, Appellant v. COMMONWEALTH of Kentucky, Appellee. , Ky.App., October 23, 2009 Appeal from Hickman Circuit Court, Action No. 07-CR-00001; Timothy A. Langford, Judge. Julia K. Pearson, Assistant Public Advocate, Frankfort, KY, for appellant. Jack Conway, Attorney General, Matthew R. Krygiel, Assistant Attorney General, Frankfort, KY, for appellee. Before DIXON and KELLER, Judges; KNOPF, [FN1] Senior Judge. FN1. Senior Judge William L. Knopf sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Constitutio... Hollie PEYTON, Appellant v. Dawn ARCHER, Elizabeth Bogs, Melissa Mcdaniel, Tamara Porter and Marian S. Williams, Appellees and Hollie Peyton, Appellant Jed Taylor, Administrator of the Estate of Nadi Rue Taylor, Appellee. , Ky.App., October 23, 2009 Appeal from Fayette Circuit Court, Action No. 03-CI-02722; Sheila R. Isaac, Judge. David R. Marshall Lexington, KY, for appellant. Donald P. Moloney, IIJ. Peter Cassidy, III Lexington, KY, for appellee. Before NICKELL and THOMPSON, Judges; ROSENBLUM, [FN1] Special Judge. FN1. Retired Judge Paul W. Rosenblum sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Constitution. OPINION NICKELL, Judge. Hollie Peyton (Peyton) has... Paul BLEVINS, Appellant v. COMMONWEALTH of Kentucky, Appellee. and Paul A. Blevins, Appellant v. Commonwealth of Kentucky, Appellee. , Ky.App., October 23, 2009 Appeal from Laurel Circuit Court, Action Nos. 01-CR-00157, 01-CR-00159; Gregory A. Lay, Judge. Paul Blevins, West Liberty, KY, pro se. Jack Conway, Attorney General of Kentucky, Wm. Robert Long, Jr., Assistant Attorney General, Frankfort, KY, for appellee. Before DIXON and NICKELL, Judges; BUCKINGHAM, [FN1] Senior Judge. FN1. Senior Judge David C. Buckingham sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Constitution a... J.M., Natural Mother, Appellant v. CABINET FOR HEALTH AND FAMILY SERVICES, Comonwealth of Kentucky; S .M.M., an Infant; B.N.M., an Infant; and C.L.M., an Infant, Appellees. , Ky.App., October 23, 2009 Appeal from Jefferson Family Court, Action No. 08-AD-500273; Virginia Whittinghill, Judge. Bethanni E. Forbush-Moss, Louisville, KY, for Appellant. Brenda L. Bourgeois Louisville, KY, for Appellee, Cabinet for Health and Family Services. Before CLAYTON, DIXON and THOMPSON, Judges. OPINION THOMPSON, JUDGE. J.M. (mother) appeals from a Jefferson Family Court order terminating her parental rights to her children, S.M.M., B.N.M, and C.L.M. Although the father's parental rights were al... Kent HILL, Appellant v. Ladonna THOMPSON, Appellee. , Ky.App., October 23, 2009 Appeal from Franklin Circuit Court, Action Nos. 08-CI-01126, 08-CI-01734, & 08-CI-01740; Thomas D. Wingate, Judge. Kent Frank Hill, LaGrange, KY, Pro Se, for appellant. Wesley W. Duke, Frankfort, KY, for appellee. Before CAPERTON, CLAYTON, and DIXON, Judges. OPINION CAPERTON, Judge. Appellant, Kent Frank Hill, appeals the Franklin Circuit Court's December 12, 2008, order denying three petitions filed by Hill for declaration of rights [FN1] under House Bill 406 and the rules of po... Byron Dewayne SMITH, Appellant v. COMMONWEALTH of Kentucky, Appellee. , Ky.App., October 23, 2009 Appeal from Fayette Circuit Court, Action No. 07-CR-01324; Kimberly N. Bunnell, Judge. S. Chad Butcher, Lexington, KY, for appellant. Jack Conway, Attorney General of Kentucky, Bryan D. Morrow, Assistant Attorney General, Frankfort, KY, for appellee. Before CAPERTON and STUMBO, Judges; BUCKINGHAM, [FN1] Senior Judge. FN1. Senior Judge David C. Buckingham, sitting as Special Judge by Assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Revised Statutes (... © 2009 West, a Thomson business Westlaw Integration Solutions  /  Westlaw.com