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May 28, 2010
Barbara A. Abel and forty-nine other plaintiffs in the underlying action appeal the Fayette Circuit Court's order granting appellees'... ... ... motions for summary judgment. After a careful review of the record, we affirm the Fayette Circuit Court's order... FACTUAL AND PROCEDURAL BACKGROUND... Appellants herein, Barbara A. Abel and forty-nine other plaintiffs, filed suit against J. Brent Austin ("Austin"); Beasley, Allen, Crow, Methvin, Portis & Miles, P.C. ("Beasley Allen");...  
May 28, 2010
Allstate Insurance Company appeals from a summary judgment entered by the Whitley Circuit Court, in favor of Winona Marie Hatfield, in a matter relating to uninsured motorist insurance benefits. For the reasons stated hereafter, we affirm... ... ... In August 2006, Jamahl Macquis Berry was following Hatfield on 75 when his vehicle struck Hatfield's vehicle in the rear. According to the record, Hatfield suffered a broken collarbone as well as injuries to her head, neck, back and shoulder....  
May 28, 2010
William Maynard appeals from a Pike Circuit Court summary judgment in favor of William Groome, the holder of the certificates of delinquency for Maynard's unpaid natural gas taxes. The sole issue presented by... ... ... this appeal is whether KRS Chapter 134 permitted Groome to charge the delinquent taxpayers certain fees. KRS 134.420 allows holders of certificates of delinquency to charge fees in conjunction with collection. Therefore, we affirm the Pike Circuit Court's summary judgment... In...  
May 28, 2010
Anthony Gerrard Reynolds appeals from the findings of fact, conclusions of law, and decree of dissolution of marriage entered... ... ... by the Taylor Circuit Court on April 17, 2006, dissolving his marriage to Charlotte Ann Reynolds. We affirm... Anthony and Charlotte were married on July 14, 1988. They separated on October 10, 2000. During their marriage they had one child, Jessie Talbert Reynolds. They also raised Anthony's child from a previous relationship, Brian Anthony Reynolds... On...  
May 28, 2010
Appellant, Laurel Construction Company (Laurel Construction), appeals from an order of the Johnson Circuit Court granting... ... ... summary judgment in favor of Appellee, Paintsville Utility Commission. Finding no error, we affirm... The Paintsville Utility Commission (Commission) is a municipal entity that operates the water, sewer and gas services in Johnson and Lawrence Counties. In February 2007, the Commission entered into a grant assistance agreement with the Kentucky Infrastructure...  
May 28, 2010
Joseph Metten appeals from an order of the Breckinridge Circuit Court denying his motion pursuant to Kentucky Rules of Criminal Procedure (RCr) 11.42 to vacate his sentence of imprisonment. We affirm... ... ... Metten was found guilty by a jury in 2007 and was sentenced to serve consecutive sentences totaling twenty-five years on felony charges of manufacturing methamphetamine (twenty years) and wanton endangerment in the first degree (five years). He was also sentenced to twelve months each on...  
May 28, 2010
Jerome L. Crawford appeals pro se from an order of the Henderson Circuit Court denying his motion for shock probation pursuant to KRS 439.265. We affirm... ... ... At the conclusion of a trial, a jury found Crawford guilty of firstdegree manslaughter. The trial court sentenced him to ten years' imprisonment. The final judgment was entered on November 1, 2000. Crawford filed an appeal of his conviction and sentence, but this Court later dismissed the appeal at Crawford's request. Additionally,...  
May 28, 2010
This is an appeal of a decision of the Barren Circuit Court dismissing appellant June Missinne's claim against the City of Glasgow, Kentucky... ... ... ("Glasgow"). Based upon the foregoing, we reverse the decision of the trial court and remand this case for further proceedings... BACKGROUND INFORMATION... Missinne was visiting a friend and the two were sightseeing in Glasgow on September 21, 2006. At around 3:00 p.m., she fell while walking on the sidewalk. Missinne filed suit against...  
May 28, 2010
Roger West appeals from an order of the Franklin Circuit Court affirming the denial of his claim for disability retirement benefits by the Board of Trustees ("the Board") of the Kentucky Retirement Systems ("the Systems"). Upon review, we reverse and remand... ... ... History... West's first employment with the Commonwealth began in September of 1973; however such employment was not continuous. West became reemployed with the Commonwealth on January 18, 1991, and remained...  
May 28, 2010
This matter is before the Court of Appeals on remand from the Kentucky Supreme Court by Opinion rendered August 27, 2009, in Appeal No. 2007-SC-000633-DG. The Supreme Court reversed the Court of Appeals' Opinion and Order dismissing the appeal as having been untimely filed. The Supreme... ... ... Court determined that the appeal was timely filed and remanded for consideration upon the merits. Having been so directed, we shall forthwith determine the merits of the case sub judice... Turner...  
May 28, 2010
Douglas Kiser appeals pro se from an order of the Carter Circuit Court denying his motion to run his sentences concurrently to sentences he received in the Lewis Circuit Court. Kiser contends that since the... ... ... judgments sentencing him were silent as to whether they would run concurrently or consecutively with each other, they are required by KRS 532.110(2) to run concurrently. We disagree and thus affirm... On May 3, 2003, the Carter Circuit Court entered a final judgment wherein Kiser...  
May 28, 2010
David Wayne Parks, pro se, appeals from an order of the Knox Circuit Court denying his motion for post-conviction relief pursuant to RCr 11.42. We affirm... ... ... In November 1988, Parks pled guilty to charges of murder and firstdegree burglary. Prior to sentencing, Parks unsuccessfully moved to withdraw his plea. Thereafter, pursuant to the plea agreement, the court sentenced Parks to life without parole for twenty-five years on the murder charge and ten years' imprisonment on the burglary...  
May 28, 2010
Shawn Hagerdash appeals from a domestic violence order entered against him by the Hardin Family Court, which precludes him from... ... ... contacting his daughter, eight-year-old Cianna Brock, except during a weekly visit for parenting time. Finding no error, we affirm... The relationship between Shawn and Cianna's mother, Annette Brock, ended shortly after Cianna's birth in 2001. Annette retained primary physical custody of Cianna, and Shawn had parenting time one day per week. On September 2,...  
May 28, 2010
In this consolidated action, C.C.2 appeals from Disposition Orders of the Lewis Circuit Court removing her two minor children from her custody and placing them under the custody of the court based on the court's finding of neglect. C.C. (hereinafter referred to as Mother) contends that the court improperly failed to compel the Cabinet's compliance with her discovery request, that its Adjudication Orders and findings of neglect were not supported by substantial evidence, and that it improperly...  
May 28, 2010
Esau M. Milliner (Milliner) appeals from the circuit court's order denying his motion for relief under Kentucky Rule of Criminal Procedure (RCr) 11.42 and Kentucky Rule of Civil Procedure (CR) 60.02.1 On appeal,... ... ... Milliner argues that the circuit court should have held an evidentiary hearing on his motion because the issues he raised could not be resolved by reviewing the record. Milliner also argues that the circuit court erred by not finding that his trial counsel was ineffective:...  
May 28, 2010
The Commonwealth of Kentucky, Cabinet for Health and Family Services appeals from an order of the Jefferson Family Court ordering the... ... ... Cabinet to file an adoption petition for the minor child, K.B. After our review, we vacate the order and remand this matter to the Jefferson Family Court... K.B. is a minor child in custody of the Cabinet for Health and Family Services (the Cabinet). His sister is also in custody of the Cabinet. Both children have been placed with the same foster...  
May 21, 2010
Don Richardson has appealed from the Wayne Circuit Court's judgment denying him recovery in a collection action against Gary Gregory and Opal Sexton. For the following reasons, we affirm... ... ... Richardson is a businessman in Wayne County, Kentucky, where he owns and operates several businesses. Gary and his brother Richard Gregory were employees of one of Richardson's businesses, Pisgah Lumber Company. Richard also worked for and lived in a house on the premises of Donald Richardson Farms....  
May 21, 2010
This appeal concerns the intersect between workers' compensation coverage and insurance regulation. A group of 3,800 employers banded together to create a workers' compensation self-insurance group called AIK Comp, as permitted by 803 Kentucky Administrative Regulations (KAR) 25:026, Section 3.1 The regulation permits a group of employers to pool their workers' compensation risk. Under the plan, the employers agree to become jointly and severally liable for any claims raised against the group....  
May 21, 2010
Danielle Foltz appeals from three orders entered by the Boone Family Court involving property division, maintenance, and dissipation of marital assets. After careful review, we affirm the orders entered by the family court... ... ... Danielle and Edward Foltz were married on May 26, 1990. As a result of this marriage, the parties have two minor children. On July 20, 2005, Edward filed a petition for dissolution of marriage in the Boone Family Court. The parties entered into a mediated custody...  
May 21, 2010
GWR Development, Inc. has appealed from the Jefferson Circuit Court's October 16, 2008, opinion and order granting summary judgment... ... ... in favor of James A. Gregory, Paul Moffett, and Louisville Planning and Engineering Co., Inc. After a careful review of the record, we affirm... This action arises from the surveying activities of Louisville Planning and Engineering performed by Gregory and Moffett in relation to a portion of GWR's development of Apple Valley Subdivision in Jefferson...  
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