2016_12_22 COURT OF APPREALS

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KENTUCKY COURT OF APPEALS CASES –

LawReader Synopsis For: DECEMBER 22, 2016

27 Cases –  2 to be Published

Search LawReader Library of Past Decisions:

Edited by Judge Stan Billingsley (Ret.)

DECISIONS W/SYNOPSIS – Click on blue case number to read full text.

Court of Appeals Case Info / Oral Arguments Calendar / Court of Appeals Minutes

Opinions shall not be cited until all steps in the appellate process have been exhausted and they become final.

Kentucky Court of Appeals Judges – Current Directory

CIVIL CASES & CRIMINAL CASES

1

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2014-CA-000298

NOT TO BE PUBLISHED

EDITH TRAVIS APPELLANT

V.

DAVID TRAVIS APPELLEE

APPEALS FROM BOYD CIRCUIT COURT

HONORABLE GEORGE W. DAVIS, III, JUDGE

ACTION NO. 10-CI-00183

OPINION AFFIRMING

** ** ** ** **

BEFORE: CLAYTON, NICKELL AND VANMETER, JUDGES.

NICKELL, JUDGE: These consolidated appeals challenge the Boyd Circuit Court’s modification of the division of marital property previously established in the divorce decree terminating the marriage of Edith Travis and David Travis, and the amount of the supersedes bond set in the matter. Following a careful review of the record, the briefs and the law, we affirm.

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2014-CA-000381

NOT TO BE PUBLISHED

JOHNNIE R. DOUGLAS APPELLANT

V.

COMMONWEALTH OF KENTUCKY APPELLEE

APPEAL FROM JEFFERSON CIRCUIT COURT

HONORABLE OLU A. STEVENS, JUDGE

ACTION NO. 05-CR-002357

COMMONWEALTH OF KENTUCKY APPELLEE

OPINION VACATING

AND REMANDING

** ** ** ** **

BEFORE: CLAYTON, COMBS, AND MAZE, JUDGES.

COMBS, JUDGE: Appellant, Johnnie Ray Douglas, appeals from the denial of his RCr 1 11.42 motion alleging ineffective assistance of counsel based on failure to conduct a proper voir dire and for failure to seek post-trial relief after a juror 1 Kentucky Rules of Criminal Procedure. revealed that he had been a victim of a prior crime committed by Douglas. We vacate and remand for a new trial.

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2014-CA-001712

NOT TO BE PUBLISHED

TRISHA ANN WILLIAMS APPELLANT

V.

RANDY CLINE AND KEITH MCCORMICK APPELLEES

APPEAL FROM ROWAN CIRCUIT COURT

HONORABLE WILLIAM EVANS LANE, JUDGE

ACTION NO. 10-CI-90269

OPINION AFFIRMING

** ** ** ** **

BEFORE: JONES, STUMBO, AND VANMETER, JUDGES.

JONES, JUDGE: The Appellant, Trisha Ann Williams (“Williams”), appeals from the August 26, 2014, order of the Rowan Circuit Court dismissing her claims of negligence and malicious prosecution against Appellees, Randy Cline and Keith McCormick. After a careful review of the record and applicable law, we affirm.

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2014-CA-001915

NOT TO BE PUBLISHED

RANDALL S. WALDMAN APPELLANT

APPEAL FROM GRAYSON CIRCUIT COURT

HONORABLE ROBERT A. MILLER, JUDGE

ACTION NO. 11-CI-00079

PNC BANK, NATIONAL ASSOCIATION APPELLEE

 AND NO. 2014-CA-001916-MR LAUREN WALDMAN F/K/A LAUREN SYKES AND LSW LTD, LLC, AND LSW, LTD., LLC APPELLANTS v.

APPEAL FROM GRAYSON CIRCUIT COURT HONORABLE ROBERT A. MILLER, JUDGE ACTION NO. 11-CI-00079

PNC BANK, NATIONAL ASSOCIATION APPELLEE

OPINION AFFIRMING

** ** ** ** **

BEFORE: CLAYTON, STUMBO, AND VANMETER, JUDGES.

CLAYTON, JUDGE: This matter involves the appeals of co-defendants, Randall S. Waldman and Lauren Waldman, who are father and daughter. They appeal separately the Grayson Circuit Court grant of summary judgment in favor of PNC Bank, National Association (hereinafter “PNC”), successor to National City Bank (hereinafter “NCB”).

The Appellants contest the trial court’s decision that the transfer of real property by Randall Waldman, the Trustee, from the Randall S. Waldman Trust to RSW LTD III, LLC, and the subsequent transfer from RSW LTD III, LLC to LSW, LTD, LLC, of which Lauren Waldman was the sole Trustee, may be set aside. Pertinent to this litigation is a prior case in Bullitt Circuit Court wherein NCB was awarded a judgment against Randall, Integrity Manufacturing, and Integrity Tools, based on a promissory note and guaranty.

Because the transfer was set aside, this real property may be used to satisfy the Bullitt Circuit Court judgment against Randall and Lauren.

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2014-CA-002094

TO BE PUBLISHED

DWIGHT EDWARD FISCHER APPELLANT

V,

COMMONWEALTH OF KENTUCKY APPELLEE

APPEAL FROM FAYETTE CIRCUIT COURT

HONORABLE ERNESTO SCORSONE, JUDGE

ACTION NO. 13-CR-01063

OPINION AFFIRMING

** ** ** ** **

BEFORE: MAZE, TAYLOR AND VANMETER, JUDGES.

VANMETER, JUDGE: Dwight Edward Fischer appeals the Fayette Circuit Court’s denial of his motion to suppress statements made to Lexington police detectives outside their jurisdiction during the course of a knock and talk.

For the following reasons, we affirm

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6

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2015-CA-000459

NOT TO BE PUBLISHED

ROCKY WICKER APPELLANT

V.

COMMONWEALTH OF KENTUCKY APPELLEE

APPEAL FROM KNOTT CIRCUIT COURT

HONORABLE KIMBERLY C. CHILDERS, JUDGE

ACTION NO. 13-CR-00082

COMMONWEALTH OF KENTUCKY APPELLEE

OPINION AFFIRMING

** ** ** ** **

BEFORE: ACREE, CLAYTON, AND J. LAMBERT, JUDGES.

LAMBERT, J., JUDGE: Rocky Wicker appeals from the Knott Circuit Court’s judgment and sentence following a jury trial, entered January 23, 2015. Wicker was convicted of attempted murder, attempted manslaughter, and two counts of first-degree wanton endangerment, and he was sentenced to seventeen-years’ imprisonment.

 We affirm the circuit court’s judgment.

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2015-CA-000483

NOT TO BE PUBLISHED

ESTATE OF FENIMORE H. CALLAWAY and ANN THOMAS, EXECUTRIX APPELLANTS

APPEAL FROM FAYETTE CIRCUIT COURT v. HONORABLE JAMES D. ISHMAEL, JR., JUDGE ACTION NO. 14-CI-01144

ANTHONY FRANCIS APPELLEE

OPINION AFFIRMING

** ** ** ** **

BEFORE: ACREE, CLAYTON, AND LAMBERT, J., JUDGES.

CLAYTON, JUDGE: Ann Thomas brings this pro se appeal from a Fayette Circuit Court Order granting summary judgment against her, individually and as executrix of the Estate of Fenimore H. Callaway, and against the estate itself.

The summary judgment granted the relief Anthony Francis sought in his complaint to compel enforcement of a real estate contract entered into between Francis and -1- Callaway before Callaway’s death. The circuit court found no genuine issue of material fact to support either of Thomas’ defenses that Callaway lacked capacity to enter into the contract of sale or that Callaway was the victim of undue influence. We agree with circuit court and, therefore, affirm.

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8

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2015-CA-000513

TO BE PUBLISHED

NICOLE PETERSON, ADMINISTRATRIX OF THE ESTATE OF PEGGY MCWHORTER, DECEASED; AND WANDA RUSSELL, GUARDIAN AND NEXT FRIEND OF D.M.M. AND E.H.M., MINOR CHILDREN OF PEGGY GAIL MCWHORTER APPELLANTS

V.

BOBBY DUNBAR; BETHANY FOLEY; MICHAEL CLARK; CHARLES GRIDER; BRENDA HUDSON; DENNIS GRAYUM; DEBBIE GRAYUM; SCOTT HADLEY; JANICE SIMPSON; AND KEVIN BOOTH APPELLEES

APPEAL FROM RUSSELL CIRCUIT COURT

HONORABLE VERNON MINIARD JR., JUDGE

ACTION NO. 12-CI-00191

 

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2015-CA-000693

NOT TO BE PUBLISHED

JOSHUA PEACHER APPELLANT

V,

COMMONWEALTH OF KENTUCKY APPELLEE

APPEAL FROM JEFFERSON CIRCUIT COURT v. HONORABLE JUDITH E. MCDONALD-BURKMAN, JUDGE ACTION NOS. 08-CR-002598 & 08-CR-0002598-001

OPINION AFFIRMING

** ** ** ** **

BEFORE: J. LAMBERT, TAYLOR AND THOMPSON, JUDGES.

THOMPSON, JUDGE: Joshua Peacher appeals from an order of the Jefferson Circuit Court denying his Kentucky Rules of Criminal Procedure (RCr) 11.42 motion based on ineffective assistance of counsel without conducting an evidentiary hearing. We affirm.

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2015-CA-000705

NOT TO BE PUBLISHED

DEANTON GREENWADE APPELLANT

V,

COMMONWEALTH OF KENTUCKY APPELLEE

APPEAL FROM CHRISTIAN CIRCUIT COURT

 HONORABLE JOHN L. ATKINS, JUDGE

ACTION NOS. 14-CR-00432

AND 14-CR-00578

OPINION VACATING AND REMANDING

** ** ** ** **

BEFORE: KRAMER, CHIEF JUDGE; D. LAMBERT AND J. LAMBERT, JUDGES.

KRAMER, JUDGE: Deanton Greenwade appeals the Christian Circuit Court’s judgment convicting him of second-degree burglary and of being a first-degree persistent felony offender (PFO-1st).

After a careful review of the record, we vacate Greenwade’s conviction and remand the case for a new trial because a violation of Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986) occurred. We address Greenwade’s other issues in the event that they may arise again in the circuit court upon remand.

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2015-CA-000902

NOT TO BE PUBLISHED

JAMES DANIELS APPELLANT

V.

COMMONWEALTH OF KENTUCKY APPELLEE

PPEALS FROM BELL CIRCUIT COURT

HON. ROBERT V. COSTANZO, JUDGE

INDICTMENT NOS. 13-CR-00209 &

14-CR-00047

OPINION AFFIRMING IN PART,

REVERSING IN PART,

AND REMANDING

** ** ** ** **

BEFORE: KRAMER, CHIEF JUDGE; ACREE AND D. LAMBERT, JUDGES.

KRAMER, CHIEF JUDGE: James Daniels has appealed from the Bell Circuit Court’s Judgment and Sentence Pursuant to Jury Verdict entered June 3, 2015.

 This court affirms the circuit court in part, reverses in part, and remands.

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12

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2015-CA-000938

 

NOT TO BE PUBLISHED

ROBERT WEBB APPELLANT

APPEAL FROM BOURBON CIRCUIT COURT v. HONORABLE ROBERT G. JOHNSON, JUDGE ACTION NO. 15-CI-00061

 DAN CUMMINS CHEVROLET-BUICK, INC. APPELLEE

OPINION AFFIRMING ** ** ** ** ** BEFORE: ACREE, COMBS, AND JONES, JUDGES. JONES, JUDGE:

Appellant, Robert Webb, appeals from the Bourbon Circuit Court’s order granting the motion filed by Appellee, Dan Cummins Chevrolet Buick, for dismissal and summary judgment. For the reasons set forth below, we AFFIRM

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13

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2015-CA-000971

NOT TO BE PUBLISHED

JOHNNY STINSON BRYANT APPELLANT

V.

MARY LOU BRYANT APPELLEE

APPEAL FROM FRANKLIN CIRCUIT COURT

HONORABLE SQUIRE N. WILLIAMS, JUDGE

ACTION NO. 13-CI-00831

OPINION REVERSING

AND REMANDING

** ** ** ** **

BEFORE: KRAMER, CHIEF JUDGE; TAYLOR AND VANMETER, JUDGES. VANMETER, JUDGE:

Johnny Stinson Bryant appeals an order from the Franklin Family Court entered on April 14, 2015 classifying a home given to him by his employer as a marital employment benefit.

 For the following reasons, we reverse and remand

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2015-CA-001139

NOT TO BE PUBLISHED

WILLIAM STOKES APPELLANT

V.

COMMONWEALTH OF KENTUCKY APPELLEE

 APPEAL FROM CHRISTIAN CIRCUIT COURT,

HONORABLE JOHN L. ATKINS, JUDGE ACTION NO. 14-CR-00518

OPINION AFFIRMING

 ** ** ** ** **

BEFORE: ACREE, JONES, AND VANMETER, JUDGES.

VANMETER, JUDGE: William Stokes appeals from the Christian Circuit Court’s Order Denying Motion to Suppress, entered March 12, 2015.

 We affirm the circuit court.

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2015-CA-001191

NOT TO BE PUBLISHED

MICHAEL W. ASHER APPELLANT

V,

COMMONWEALTH OF KENTUCKY APPELLEE

APPEAL FROM GRANT CIRCUIT COURT

HONORABLE REBECCA LESLIE KNIGHT, JUDGE

ACTION NO. 14-CR-00057

OPINION AFFIRMING

** ** ** ** **

BEFORE: KRAMER, CHIEF JUDGE; D. LAMBERT AND J. LAMBERT, JUDGES.

KRAMER, CHIEF JUDGE: Michael W. Asher appeals from a final judgment of the Grant Circuit Court entered after his motion to withdraw his guilty plea was denied.

 According to the police report in the record, Asher was under the influence of drugs when the vehicle he was driving struck another vehicle.

The three occupants of the other vehicle were seriously injured; they included a three year-old child who suffered a spinal cord injury that left him a paraplegic.

Asher was indicted on three counts of first-degree assault; one count of first-degree criminal mischief; one count of operating a motor vehicle under the influence, second offense within a five-year period, aggravating circumstance; one count of operating a motor vehicle while license suspended; and for being a first-degree persistent felony offender.

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2015-CA-001267

NOT TO BE PUBLISHED

ERNEST MAY APPELLANT

V,

LUCY MAY APPELLEE

APPEAL FROM CLAY CIRCUIT COURT

 HONORABLE GENE CLARK, JUDGE

ACTION NO. 13-CI-00227

OPINION AFFIRMING

** ** ** ** **

BEFORE: ACREE, CLAYTON, AND J. LAMBERT, JUDGES.

CLAYTON, JUDGE: Ernest May appeals the Clay Circuit Court’s marital dissolution decree dividing the marital property of he and his former wife, Lucy May. The Mays married more than four decades ago. They separated in 2013 and have not cohabitated since. Their marriage was dissolved on April 16, 2014, when the Clay Circuit Court entered a bifurcated decree of dissolution of marriage. A hearing was then set to assign the parties their non-marital property and divide the marital property.

 At the hearing, the parties presented an Agreed Stipulation of Values for many items of real and personal property, including the three tracts of land the parties owned and the two mobile homes that resided on the same.

The parties also presented evidence that they each had acquired non-marital property during the marriage. On appeal, neither party disputes the non-marital assignments.

It is sufficient to note that Ernest’s non-marital assignment came from a disability settlement from the Veterans’ Administration and Lucy’s non-marital funds came from life insurance proceeds she received and later used to purchase the mobile home in which the parties lived.

 Lucy was thus assigned the mobile home as nonmarital property. The parties then informed the trial court which items of personal and real property they wished to be awarded.

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2015-CA-001282

NOT TO BE PUBLISHED

JANICE TAYLOR APPELLANT

V.

KENTUCKY RETIREMENT SYSTEMS; and BOARD OF TRUSTEES OF KENTUCKY RETIREMENT SYSTEMS APPELLEES

APPEAL FROM FRANKLIN CIRCUIT COURT

HONORABLE PHILLIP J. SHEPHERD, JUDGE

ACTION NO. 14-CI-00504

OPINION AFFIRMING

** ** ** ** **

BEFORE: KRAMER, CHIEF JUDGE; D. LAMBERT AND J. LAMBERT, JUDGES.

KRAMER, CHIEF JUDGE: Janice Taylor is 52 years of age and accumulated 104 months of service credit in the Kentucky Employee Retirement Systems (KERS) working for the Cabinet for Health and Family Services in the position of Citizen Assistance Specialist II, a job which involved sitting during the entire 7.5 hour work day.

 For the purpose of disability retirement benefits, her last date of paid employment was July 29, 2010.1 Taylor has several pre-existing conditions in the region of her lower back which have intermittently disabled her from work prior to July 29, 2010.

In her application for disability retirement benefits, filed February 9, 2011, Taylor claimed she was unable to continue working because she was afflicted with a new condition, coccydynia, which is characterized by intense pain in the coccyx (tailbone) when sitting. The Board of Trustees of the KERS (Board) ultimately denied Taylor’s application because it was unpersuaded coccydynia rendered Taylor disabled since her last date of paid employment. See Kentucky Revised Statute (KRS) 61.600. Thereafter, Taylor appealed the Board’s determination by filing an original action in Franklin Circuit Court. The issue presented in this appeal is whether the circuit court erred in affirming the final order of the Board. Finding no error, we likewise affirm.

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2015-CA-001309

NOT TO BE PUBLISHED

DOUGLAS RANK APPELLANT

BOBBY MILLER, M.D. APPELLEE

APPEAL FROM KENTON CIRCUIT COURT

HONORABLE GREGORY M. BARTLETT, JUDGE

ACTION NO. 14-CI-00858

OPINION AFFIRMING

** ** ** ** **

BEFORE: KRAMER, CHIEF JUDGE; D. LAMBERT AND J. LAMBERT, JUDGES.

KRAMER, CHIEF JUDGE: Douglas Rank, pro se, appeals the decision of the Kenton Circuit Court to summarily dismiss his breach of contract and fraud claims against appellee, Bobby Miller.

Upon review, we affirm.

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2015-CA-001342

NOT TO BE PUBLISHED

MARY SPANNKNEBEL APPELLANT

V

EVAN SPANNKNEBEL APPELLEE

APPEAL FROM JEFFERSON CIRCUIT COURT

HONORABLE TARA HAGERTY, JUDGE

ACTION NO. 13-CI-502933

 

OPINION VACATING AND REMANDING

** ** ** ** **

BEFORE: COMBS, J. LAMBERT AND VANMETER, JUDGES. VANMETER, JUDGE:

 Mary Virginia Spannknebel (Mary) appeals an order from the Jefferson Family Court entered June 18, 2015 with respect to the division of marital property and arrears for maintenance. For the following reasons, we vacate and remand.

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2015-CA-001660

NOT TO BE PUBLISHED

 BRAD CALLINAN APPELLANT

V.

COMMONWEALTH OF KENTUCKY APPELLEE

APPEAL FROM CASEY CIRCUIT COURT

HONORABLE JUDY D. VANCE, JUDGE

ACTION NO. 15-CR-00006

OPINION AFFIRMING IN PART AND VACATING IN PART ** ** ** ** **

BEFORE: ACREE, JONES AND VANMETER, JUDGES.

VANMETER, JUDGE: Brad Callinan appeals from the Casey Circuit Court’s Judgment and Sentence on Jury Verdict, entered October 30, 2015.

We affirm the circuit court as to its written judgment and sentence, but vacate the order to show cause for non-payment entered by the circuit court on October 12, 2015.

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2015-CA-001762

 

NOT TO BE PUBLISHED

 

TOYOTA MOTOR MANUFACTURING, KENTUCKY, INC. APPELLANT

 

PETITION FOR REVIEW OF A DECISION v. OF THE WORKERS’ COMPENSATION BOARD

 

ACTION NO. WC-06-94736

 

KATHY PRICHARD; HON. WILLIAM J. RUDLOFF, ALJ; AND KENTUCKY WORKERS’ COMPENSATION BOARD APPELLEES

OPINION AFFIRMING

** ** ** ** **

BEFORE: D. LAMBERT, MAZE, AND VANMETER, JUDGES.

MAZE, JUDGE: Toyota Motor Manufacturing, Kentucky, Inc. (hereinafter “Toyota”) petitions for review of a ruling of the Kentucky Workers’ Compensation Board (“the Board”).

 Toyota argues that the Board erred in ruling that Appellee, Kathy Prichard, was entitled to reopen a 2011 award despite requesting such relief more than four years after her original injury and claim

. Toyota also argues that, notwithstanding the timeliness of her motion, Prichard failed to establish a worsening of her condition necessary to reopen her claim

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2015-CA-001889

 

 

NOT TO BE PUBLISHED

 

BLUEGRASS TAX LIEN BUREAU, LLC APPELLANT

V.

AND 84 LUMBER COMPANY APPELLEES

 

APPEAL FROM MONTGOMERY CIRCUIT COURT

 

HONORABLE WILLIAM EVANS LANE, JUDGE

 

ACTION NO. 13-CI-90248

 

WILLIAM P. GRISE, B&P APARTMENTS, INC., COMMUNITY TRUST BANK, INC.,

PEOPLES EXCHANGE BANK, MONTGOMERY COUNTY KENTUCKY,

CITY OF MOUNT STERLING, KENTUCKY,

OPINION REVERSING AND REMANDING ** ** ** ** ** BEFORE: ACREE, CLAYTON, AND J. LAMBERT, JUDGES. CLAYTON, JUDGE:

This case presents a nuanced issue regarding a third-party purchaser of a certificate of delinquent ad valorem taxes. Before we lay out the issue before us, a brief chronological history of the instant facts is necessary. B&P Apartments, Inc. (“B&P”) owned numerous commercial properties, including real property located at 128 West Main Street, Mt. Sterling, Kentucky (“128 Property”).

 B&P appears to have had difficulties paying its ad valorem taxes, and, pursuant to Kentucky Revised Statutes (“KRS”) 134.452, Montgomery County sold some of the certificates of delinquency to third parties.

 In 2009, one of those purchasers filed a civil action in Montgomery Circuit Court (the “First Action”) to enforce the ad valorem taxes against the 128 Property and other properties owned by B&P. It does not appear any lis pendens was filed in the First Action. Montgomery County, a named party to the First Action, filed an Answer in that case asserting delinquent property taxes for years 2007 and 2008.

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2016-CA-000034

NOT TO BE PUBLISHED

JEFFREY MAINKA APPELLANT

V.

DANA ROBINSON APPELLEE

APPEAL FROM JEFFERSON CIRCUIT COURT FAMILY COURT DIVISION

HONORABLE DONNA DELAHANTY, JUDGE

ACTION NOS. 12-D-500252-003

OPINION AFFIRMING

** ** ** ** **

BEFORE: ACREE, DIXON, AND TAYLOR, JUDGES.

TAYLOR, JUDGE: Jeffrey Mainka brings this appeal from a December 14, 2015, Domestic Violence Order (DVO) of the Jefferson Circuit Court, Family Court Division. We affirm

. Mainka and Dana Robinson were previously married and have two children, Andrew and Sophie.

The parties separated in 2011 and the marriage was dissolved by the Jefferson Circuit Court, Family Court Division, on May 6, 2013. Since the parties’ separation, they engaged in extensive litigation contesting virtually all issues arising in the divorce, and continuing the same after entry of the decree.

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2016-CA-000415

NOT TO BE PUBLISHED

B.A., JR. APPELLANT

V.

CABINET FOR HEALTH AND FAMILY SERVICES, COMMONWEALTH OF KENTUCKY AND B.A., III, A CHILD APPELLEES

APPEAL FROM GREENUP CIRCUIT COURT

HONORABLE JEFFREY L. PRESTON, JUDGE

ACTION NO. 15-AD-00036

CABINET FOR HEALTH AND FAMILY SERVICES,

AAPPEAL FROM GREENUP CIRCUIT COURT

HONORABLE JEFFREY L. PRESTON, JUDGE

ACTION NO. 15-AD-00037

OPINION AFFIRMING ** ** ** ** **

BEFORE: JONES, D. LAMBERT, AND TAYLOR, JUDGES.

JONES, JUDGE: This consolidated appeal arises from two orders entered by the Greenup Circuit Court terminating the parental rights of E.A. (“Mother”) and Appellant, B.A. (“Father”), to their two minor sons (the “Children).

On appeal, Father contends that the circuit court erred on two counts: (1) it failed to consider all of the factors set out in KRS 1 625.090(3) to determine the Children’s best interests; and (2) it abused its discretion by terminating Father’s parental rights despite the fact that he proved by a preponderance of the evidence that the Children would not continue to be abused or neglected if returned to his care. 2

After a careful review of the record, we AFFIRM the circuit court’s orders

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2016-CA-000532

NOT TO BE PUBLISHED

MARCO GARCIA APPELLANT

V.

KARLA BARAHONA APPELLEE

APPEAL FROM JEFFERSON FAMILY COURT

HONORABLE ANGELA J. JOHNSON, JUDGE

ACTION NOS. 16-D-500470 AND 16-D-500470-001

 

OPINION AFFIRMING

** ** ** ** **

BEFORE: ACREE, J. LAMBERT AND THOMPSON, JUDGES.

THOMPSON, JUDGE: Marco Garcia appeals from the Jefferson Family Court’s domestic violence order (DVO) restricting him from contact with Karla Barahona. Garcia and Barahona were never married but formerly lived together. On February 22, 2016, Barahona filed a petition for an emergency protective order (EPO) against Garcia based on the events that occurred at the Coconut Beach night club,

 

A family court may properly issue a DVO if it finds by a preponderance of the evidence that an act or acts of domestic violence and abuse have occurred and may occur again. Guenther v. Guenther, 379 S.W.3d 796, 802 (Ky.App. 2012).

This includes physical injury, assault, or the infliction of fear of imminent physical injury or assault between members of an unmarried couple who have formerly lived together. Kentucky Revised Statutes (KRS) 403.720(1), (5).

“We bear in mind that in reviewing the decision of a trial court the test is not whether we would have decided it differently, but whether the findings of the trial court were clearly erroneous or that it abused its discretion.” Abdur-Rahman v. Peterson, 338 S.W.3d 823, 826 (Ky.App. 2011).

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2016-CA-000666

 

NOT TO BE PUBLISHED

D. F. APPELLANT APPEAL

V.

CABINET FOR HEALTH & FAMILY SERVICES, COMMONWEALTH OF KENTUCKY AND S.L.D., A CHILD APPELLEES

FROM JEFFERSON CIRCUIT COURT

HONORABLE DEANA MCDONALD, JUDGE

ACTION NO. 15-AD-500486

OPINION AFFIRMING

** ** ** ** **

BEFORE: ACREE, J. LAMBERT, AND THOMPSON, JUDGES.

LAMBERT, J., JUDGE: D. F. (the Mother) has appealed from an order of the Jefferson Circuit Court terminating parental rights to her biological daughter, S.L.D. (the Child).

We find neither error nor abuse of discretion, and we affirm

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2016-CA-001032

NOT TO BE PUBLISHED

CARING PEOPLE SERVICES, LLC APPELLANT

APPEAL FROM WORKERS’ COMPENSATION BOARD

ACTION NO. WC-14-78061

MARY GRAY,

HON. GRANT S. ROARK, ADMINISTRATIVE LAW JUDGE;

AND WORKERS’ COMPENSATION BOARD APPELLEES

OPINION AFFIRMING

** ** ** ** **

BEFORE: ACREE, JONES, AND VANMETER, JUDGES.

JONES, JUDGE:  This appeal arises out of an opinion issued by Kentucky’s Workers’ Compensation Board (“Board”) affirming an award of benefits to the Appellee, Mary Gray.

 The Appellant, Caring People Service, LLC (“Caring People”), contends that the Board erred because Gray’s injury occurred while she was in her personal vehicle during her commute from her home to her regular worksite, and therefore, is not work-related.

Having reviewed the record in conjunction with the applicable legal authorities, we affirm.

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Unpublished Opinions

This web site contains both published and unpublished opinions of the Kentucky Supreme Court and Kentucky Court of Appeals. First, opinions that are labeled "NOT TO BE PUBLISHED" shall never be cited or used as authority in any other case in any court of this state. CR 76.28(4)(c). This is true even after the unpublished opinions become final. Secondly, although opinions labeled "TO BE PUBLISHED" may be cited as authority in any court of the Commonwealth of Kentucky, the opinions shall not be cited until all steps in the appellate process have been exhausted and they become final. As of the date Court of Appeals opinions were placed on the web site, none were final.

 

Court Orders:

 

EACH WEEK THE COURT ISSUES IT’S ORDERS GRANTING AND DENYING NUMEROUS MOTIONS

 

SEE THESE ORDERS AT:  CT. OF APPEALS MINUTES     SUPREME COURT MINUTES

 

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