Kentucky Court of Justice
Court of Appeals to hear Jefferson County appeals Feb. 16-17 in Louisville
FRANKFORT, Ky. -- The Kentucky Court of Appeals will hear oral arguments in five Jefferson County civil case appeals Feb. 16-17 in Louisville. Proceedings will take place in the 10th floor Appellate Courtroom at the Jefferson County Judicial Center, 700 W. Jefferson St. Proceedings will be open to the public.
A three-judge panel comprised of Court of Appeals Judges Michael Caperton, Sara Walter Combs and Michelle M. Keller will hear arguments in the appeals.
WEDNESDAY, FEB. 16, 2011
2009CA002056: AESTHETICS IN JEWELRY, INC. v ESTATE OF ROBINSON S. BROWN, JR. BY AND THROUGH ITS (CO-EXECUTORS, J. MCCAULEY BROWN AND ROBINSON S. BROWN, III)
2009CA002135: ESTATE OF ROBINSON S. BROWN, JR. v AESTHETICS IN JEWELRY, INC.
Summary: Civil. Consumer Protection Act case. The appellant in 2009CA002056 appeals the directed verdict from the trial court. The appellant in 2009CA002135 cross-appeals with an attorney fee issue.
Jefferson County judge who presided in the case – Judge Frederic J. Cowan
Attorneys for Aesthetics in Jewelry Inc.: Richard Evans, R. Hovious and Sandra McLaughlin
Attorneys for Estate of Robinson S. Brown Jr.: Glenn Cohen and Alan Linker
2:15 PM 2010CA000286
KINDRED HEALTHCARE OPERATING, INC. v TERESA BROWN
Summary: Civil. At issue is the trial court’s denial of a motion to compel arbitration.
Judge who presided in the case – Senior Judge Frank Kenneth Conliffe
Appellant’s attorneys: Paul Dzenitis and Donald Miller II
Appellee’s attorneys: Brian Brooks, Lisa Circeo and Deborah Riordan
THURSDAY, FEB. 17, 2011
10 AM 2009CA000466 and 2009CA002222
GEORGE W. EPPERSON v MARY EPPERSON
Summary: Civil. This appeal involves a property settlement dispute in a divorce case. The appellant claims the trial court made errors in its decisions regarding equity, appreciation and distribution of debts and credits between the parties.
Jefferson County judge who presided in the case – Judge Donna L. Delahanty
Attorney for George W. Epperson: Kenneth Baker
Attorney for Mary Epperson: Harold Storment
10:45 AM 2009CA000135 and 2009CA001444
PAULA OSTER v ALAN OSTER
Summary: Civil. This is a consolidated appeal from two orders entered by Jefferson County Family Court. Appellant Paula Oster argues that the Family Court lacked jurisdiction under the Uniform Child Custody and Jurisdiction Enforcement Act to modify the Massachusetts custody award and that it incorrectly applied a best interest standard instead of an endangerment standard when modifying the custody award. She also argues that the Family Court erred when it issued a domestic violence order.
Jefferson County judge who presided in the case – Judge Jerry J. Bowles
Attorneys for Paula Oster: Stacy Hoehle and Louis Winner
Attorney for Alan Oster: Allen Dodd
11:30 AM 2009CA002403
CHUCK GILBERT v BOWLING GREEN MARINE, INC.
Summary: Civil. Appellant Chuck Gilbert is appealing the trial court’s order, which granted appellee Bowling Green Marine Inc. a CR 60.02 motion for modification of an agreed judgment.
Jefferson County judge who presided in the case – Judge Charles L. Cunningham
Appellant’s attorney: Dana Kolter
Appellee’s attorney: B. Simpson
COURT OF APPEALS PANEL
Judge Michael Caperton
Judge Michael Caperton was elected to the Kentucky Court of Appeals on Nov. 6, 2007, and represents Division 1 of the 3rd Appellate District. The 3rd Appellate District is comprised of Adair, Bell, Casey, Clay, Clinton, Cumberland, Estill, Garrard, Green, Jackson, Knox, Laurel, Lee, Leslie, Lincoln, Marion, McCreary, Metcalfe, Monroe, Nelson, Pulaski, Rockcastle, Russell, Taylor, Washington, Wayne and Whitley counties.
Prior to his election to the Court of Appeals, Judge Caperton served 14 years as a District Court judge for the 27th Judicial District, which consists of Knox and Laurel counties. He was elected district judge in 1994 and served until he was sworn in as Court of Appeals judge in December 2007.
Judge Caperton is a native of Laurel County, where he has resided most of his life. After graduating from Transylvania University in 1977, Judge Caperton earned a teaching certificate from Cumberland College in biology and chemistry. He received his juris doctor from the University of Kentucky College of Law in 1987.
Judge Sara Walter Combs
Judge Sara Walter Combs was the first woman and the first judge from the Eastern Kentucky counties of the 7th Appellate District to serve as chief judge of the Kentucky Court of Appeals. She served in that role from June 2004 until May 2010.
Judge Combs also made history by being the first woman to serve on the Supreme Court of Kentucky when then Gov. Brereton Jones appointed her to serve on the state’s highest court in l993. After she narrowly lost her election to retain that seat on the Supreme Court, Gov. Jones appointed her to fill a vacancy on the Court of Appeals in 1994. She was elected to the court in November 1994 and re-elected in 2000 and again in 2006.
The Kentucky Bar Association named Judge Combs as Outstanding Judge of the Year in June 2010.
Judge Combs ranked second in her class at the University of Louisville Brandeis School of Law, which later honored her with a Distinguished Alumni Award. She was valedictorian at both Sacred Heart Academy in Louisville and U of L, where she obtained an undergraduate degree in French. She also earned her master’s degree in French from U of L, having been recognized as a Woodrow Wilson Designate.
Judge Combs has taught at the high school and university levels in addition to gaining broad experience in the practice of law. She began her career as an associate with Wyatt, Tarrant & Combs in Louisville before serving as corporate counsel to an advertising company. She also practiced law with her late husband, former Kentucky Gov. Bert T. Combs; established a solo practice in Stanton; and became a regional associate with the Louisville law firm of Mapother & Mapother.
She is affiliated with numerous professional, educational and civic organizations. She is a member of the Kentucky Bar Association, the Louisville Bar Association and the University Press of Kentucky. She also serves on the boards of Pikeville College and Lees College. She previously served for seven years on the Kentucky Appalachian Commission.
Judge Combs currently resides at Fern Hill in Stanton, the farm she shared with her late husband, Gov. Bert T. Combs.
Judge Michelle M. Keller
Judge Michelle M. Keller was elected to the Kentucky Court of Appeals in November 2006 to serve as judge for Division 1 of the 6th Appellate District. She also serves as the Court of Appeals representative on the Judicial Conduct Commission.
The 6th Appellate District is comprised of Bath, Boone, Bracken, Campbell, Carroll, Fleming, Gallatin, Grant, Harrison, Henry, Kenton, Lewis, Mason, Nicholas, Oldham, Owen, Pendleton, Robertson, Shelby, Spencer and Trimble counties.
Prior to her election, Judge Keller practiced with Arnzen, Wentz, Molloy, Laber & Storm PSC in Covington. Her extensive legal experience includes representing clients in the area of criminal defense and serving as an assistant county prosecutor. Her work in litigation includes family law, personal injury and medical-negligence defense. She is experienced in administrative law and served the Kentucky Personnel Board as a hearing officer. She now serves as a board chairwoman emeritus. She is a member of the National Association of Administrative Law Judges and has represented numerous clients before state regulatory and licensure boards. She is also an adjunct professor at Xavier University, where she teaches medical/legal research, writing and forensics.
Judge Keller has been a licensed registered nurse in Kentucky since 1982. While working as an RN in critical care, Judge Keller earned her bachelor’s degree in psychology in 1985 from Northern Kentucky University, where she received the Charlotte Schmidlapp Scholarship. Judge Keller attended the evening division of Northern Kentucky University Salmon P. Chase College of Law while working full time. She was an Interest on Lawyers’ Trust Accounts scholar during law school and received her juris doctor in 1990.
Judge Keller has served the Northern Kentucky Bar Association as chairwoman of the Women Lawyers Section and as a member of numerous committees. She represented the 16th Judicial Circuit on the Kentucky Bar Association’s former House of Delegates.
In addition to her professional service, Judge Keller has a strong commitment to public service. She is a former chairwoman and board member for the Diocesan Catholic Children’s Home. She is a founding and current member of the Northern Kentucky Children’s Advocacy Center Advisory Council and has served the interests of children in court as a guardian ad litem. Judge Keller also volunteers with the Women’s Crisis Center and her local church and is an academic team coach at her daughters’ school.
Judge Keller is a lifelong Kentuckian and the oldest of five children.
Kentucky Court of Appeals
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.
Administrative Office of the Courts
The Administrative Office of the Courts in Frankfort is the operations arm for the state court system. The AOC supports the activities of nearly 3,600 court system employees and 403 elected justices, judges and circuit court clerks. As the fiscal agent for the state court system, the AOC executes the Judicial Branch budget.