Kentucky Court of Justice
Court of Appeals to hear Franklin County civil cases on appeal March 7 in Warsaw

FRANKFORT, Ky. -- The The Kentucky Court of Appeals will convene Wednesday, March 7, in Warsaw to hear arguments in civil cases on appeal from Franklin County Circuit Court. Proceedings are open to the public and will begin at 1:30 p.m. EST at the Gallatin County Courthouse, Courthouse B, at 100 Main St.

A three-judge panel comprised of Court of Appeals Judges Michael Caperton, Michelle M. Keller and Kelly Thompson will hear oral arguments in the appeals. Judge Keller will preside.

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.

WARSAW DOCKET

To see more information on a case, input the case number on the Court of Appeals cases page.

WEDNESDAY, MARCH 7, 2012

1:30 PM    

2011-CA-000185   
VIRGINIA GAITHER, ADMIN’X & PERSONAL REPRESENTATIVE (OF THE ESTATE OF LEBRON GAITHER, DECEASED) v JUSTICE & PUBLIC SAFETY CABINET (COMMONWEALTH OF KENTUCKY) ET AL.

2011-CA-000199 (CROSS-APPEAL)   
COMMONWEALTH OF KENTUCKY, JUSTICE & PUBLIC SAFETY CABINET ET AL. v VIRGINIA GAITHER, ADMIN’X & PERSONAL REPRESENTATIVE OF THE ESTATE OF LEBRON GAITHER, DECEASED ET AL.

Summary: Civil. Virginia Gaither argues that the trial court erred in concluding that the acts of the Justice and Public Safety Cabinet and the Kentucky State Police were discretionary and that they were entitled to sovereign immunity. The Kentucky Board of Claims is also listed as a party in this appeal.

Franklin County judge who presided in the case – Judge Thomas D. Wingate

Attorney representing Virginia Gaither, admin’x and personal representative: Daniel Taylor III

Attorneys representing the Justice and Public Safety Cabinet and Kentucky State Police: George Mattingly and Roger Wright

Attorney representing the Kentucky Board of Claims: George Mattingly

2:15 PM    

2010-CA-002303   
DELPHI AUTOMOTIVE SYSTEMS, LLC v
CAPITAL COMMUNITY ECONOMIC/ (INDUSTRIAL DEVELOPMENT CORPORATION, INC.)

2010-CA-002332 (CROSS-APPEAL)   
CAPITAL COMMUNITY ECONOMIC/ (INDUSTRIAL DEVELOPMENT CORPORATION, INC.) v DELPHI AUTOMOTIVE SYSTEMS, LLC

Summary: Civil. At issue in the appeal is whether Capital Community Economic had a lease or a security interest that should have been perfected pursuant to UCC Article 9 covering a piece of automotive equipment.

Franklin County judge who presided in the case – Judge Thomas D. Wingate

Attorneys representing Delphi Automotive: Daniel Hitchcock and Jonathon Melton

Attorney representing Capital Community Economic: Robert Kellerman

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 3,300 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.