Kentucky Court of Justice
Court of Appeals to hear cases from Bullitt, Campbell, Fayette, Franklin and Jefferson counties Feb. 15-16 in Louisville

FRANKFORT, Ky. -- The Kentucky Court of Appeals will convene Wednesday-Thursday, Feb. 15-16, in Louisville to hear juvenile cases on appeal from Bullitt County, civil and criminal cases from Jefferson County and civil cases from Campbell, Fayette and Franklin counties. Proceedings are open to the public and will take place in the 10th floor Appellate Courtroom of the Jefferson County Judicial Center at 700 W. Jefferson St.

A three-judge panel comprised of Court of Appeals Chief Judge Jeff S. Taylor and Court of Appeals Judges Denise G. Clayton and Janet L. Stumbo will hear oral arguments Feb. 15 in the Bullitt County juvenile cases and Jefferson County criminal cases. The panel will hear the Jefferson County civil cases Feb. 16.

Chief Judge Taylor and Court of Appeals Judges Donna L. Dixon and James H. Lambert will hear the civil cases from Campbell, Fayette and Franklin counties Feb. 16.  

Nearly all cases heard by the Kentucky Court of Appeals come to it on appeal from a lower court. If a case is tried in Circuit Court or District Court and the losing parties involved are not satisfied with the outcome, they may ask for a higher court to review the correctness of the trial court’s decision. Some cases, such as criminal case acquittals and divorces, may not be appealed. In a divorce case, however, child custody and property rights decisions may be appealed. Cases are not retried in the Court of Appeals. Only the record of the original court trial is reviewed, with attorneys presenting the legal issues to the court for a decision.

Fourteen judges, two elected from seven appellate court districts, serve on the Court of Appeals. The judges are divided into panels of three to review and decide cases, with the majority determining the decision. The panels do not sit permanently in one location, but travel throughout the state to hear cases.

LOUISVILLE DOCKET

To see more information on a case, such as the Court of Appeals step sheet for the case, input the case number on the Court of Appeals cases page.

WEDNESDAY, FEB. 15, 2012

1 PM    

2011-CA-000602   
DERICK DULIN v COMMONWEALTH OF KENTUCKY

Summary: Criminal. At issue is whether the Circuit Court made the proper decision in denying appellant Derick Dulin’s CR 60.02 motion. Chief Judge Taylor will preside.

Jefferson County judge who presided in the case –Judge Mitch Perry

Appellant’s attorney: Rob Eggert

Appellee’s attorneys: Samuel Floyd Jr. and Gregory Fuchs

1:45 PM    

2010-CA-002293   
BRIAN BROWN v COMMONWEALTH OF KENTUCKY

Summary: Criminal. At issue is whether appellant Brian Brown should have been sentenced as a juvenile. Chief Judge Taylor will preside.

Jefferson County judge who presided in the case –Judge Brian C. Edwards

Appellant’s attorneys: Bruce Hackett and Samuel Wood

Appellee’s attorney: Tami Stetler

2:30 PM    

2011-CA-000110    
S. R. L., A CHILD UNDER EIGHTEEN  v COMMONWEALTH OF KENTUCKY

2011-CA-000111    
K.L. (A CHILD UNDER EIGHTEEN) v COMMONWEALTH OF KENTUCKY

Summary: Juvenile. The court will hear these appeals together. At issue in 2011-CA-000110 is whether the Circuit Court erred by exercising jurisdiction over juvenile appellant S.R.L., who was charged with “beyond control of school.” Case 2011-CA-000111 is an appeal from a judgment for a status offense. Juvenile appellant K.L. alleges that the Family Court lacked subject-matter jurisdiction. Judge Taylor will preside.

Bullitt County judge who presided in the case – Judge Elisè Givhan Spainhour

Appellant’s attorneys: LA Mer Kyle-Griffiths and Kathleen Schmidt

Appellee’s attorneys: Jack Conway and Monica Robinson

THURSDAY, FEB. 16, 2012

10 AM   

2011-CA-000076    
SHIVLEY CENTER, LLC v TEXAS ROADHOUSE OF DIXIE HIGHWAY, LLC ET AL.

2011-CA-000129 (CROSS-APPEAL)    
TEXAS ROADHOUSE OF DIXIE HIGHWAY, LLC ET AL. v SHIVLEY CENTER, LLC

Summary: Civil. This is a matter-of-right appeal. The Circuit Court granted summary judgment in this dispute involving a commercial property purchase. Texas Roadhouse had filed a suit seeking declaratory judgment, injunctive relief and damages. At issue in the appeal and cross-appeal are the construction of a contract, availability of a remedy, applicability of laches and waiver, and unjust enrichment. Judge Stumbo will preside.

Jefferson County judge who presided in the case – Judge Mary M. Shaw

Attorney representing Shivley Center: Stephen Schwager

Attorneys representing Texas Roadhouse and CNL Net Lease Funding, 2001, LP (CNL listed as et al. in case name): Peter Cummins and Julio Driggs

10:45 AM    

2010-CA-002327
LEONARD ROBINSON ET AL. v COUNTRYWIDE HOME LOANS SERVICING, LLP ET AL.

Summary: Civil. This is a matter-of-right appeal following a Circuit Court judgment in favor of Countrywide Home Loan Servicing in a home foreclosure action. Issues in the appeal include whether appellee Countrywide has standing to foreclose without having recorded the assignment of the mortgage from its predecessor and whether the appellants were fraudulently induced to enter into the mortgage agreement. Louisville/Jefferson County Metro Government is the other appellee in the case and Cheryl Robinson is the other appellant. They are listed as et al. in the case name. Judge Stumbo will preside.

Jefferson County judge who presided in the case – Judge Frederic J. Cowan

Appellants’ attorney: Teddy Gordon

Appellees’ attorneys: Christy Ames and Katherine Bell for Countrywide and John Schardein for Louisville/Jefferson County Metro Government

11:30 AM    

2011-CA-000432
SMD ENTERPRISES, LLC (D/B/A DERBYDEALS.COM.) v STEVE MASIELLO

Summary: Civil. This is a matter-of-right appeal following a sua sponte order from the trial court dismissing SMD Enterprise’s legal action against Steve Masiello with prejudice. The issue at the trial court level was whether a contract entered into in Kentucky is enforceable when the purpose of the contract is not legal in this state but is legal in the state in which the contract is carried out. The issues on appeal include whether the trial court acted properly in its sua sponte order, whether appellee Steve Masiello was an agent of appellant SMD Enterprises and whether the trial court could have enforced the valid provisions. Judge Stumbo will preside.

Jefferson County judge who presided in the case – Judge Charles L. Cunningham Jr.

Appellant’s attorneys: Garry Adams Jr. and Thomas Clay

Appellee’s attorneys: Brian Clare and John McCall

1 PM    

2011-CA-001079
DAVID LEWIS HARRIS v SUSAN ELIZABETH HARRIS

Summary: Civil. At issue is whether the Circuit Court erred by granting a three-year extension on a domestic violence order. Chief Judge Taylor will preside.

Judge who presided in the case – Senior Judge O. Reed Rhorer

Appellant’s attorney: Joshua Harp

Appellee’s attorneys: Rex Hunt and Rick Sparks

1:45 PM    

2011-CA-000248
PAULA B. BROWN v LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT (CIVIL SERVICE COMMISSION)

Summary: Civil. At issue is whether the Circuit Court erred by determining that the Civil Service Commission abused its discretion by excluding certain evidence. Chief Judge Taylor will preside.

Fayette County judge who presided in the case – Judge Ernesto Scorsone

Appellant’s attorneys: Matthew Lynch and John Stewart

Appellee’s attorneys: Rochelle Boland and Leslye Bowman

2:30 PM    

2011-CA-000133 
BRYAN FULLER (FATHER & FRIEND OF ANDREW FULLER) v JOANN BLAIR ET AL.

Summary: Civil. At issue is whether appellee Joann Blair was the owner of a dog based on KRS 258.235. Catherine Black is the other appellee in the case. Chief Judge Taylor will preside.

Campbell County judge who presided in the case – Judge Julie Reinhardt Ward

Appellant’s attorney: Michael O’Hara

Appellees’ attorneys: Barry Rudell II for Joann Blair. Catherine Black is representing herself.

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