Kentucky Court of Justice
Kentucky Court of Appeals to hear oral arguments March 5 in Bowling Green
FRANKFORT, Ky. -- The Kentucky Court of Appeals will hear oral arguments at the Warren County Justice Center in Bowling Green on Wednesday, March 5. The proceedings are open to the public.
A three-judge panel consisting of Judge Joy A. Moore of Burlington, Senior Judge David C. Buckingham of Murray and Judge Thomas B. Wine of Louisville will hear arguments in two cases beginning at 1 p.m. CST in Circuit Courtroom C on the fourth floor of the justice center at 1001 Center St.
A case docket containing summaries of the cases the panel will hear is below.
March 5, 2008 Bowling Green Docket
1:00 PM 2007-CA-001239
DIANA SMITH v. DENECIA McCURDY, ET AL
Civil: Marshall County — Trial Judge Dennis R. Foust
Summary: Whether decedent’s estate could bring a wrongful death action rather than a survival action and how damages should have been distributed.
Appellant’s attorney: William C. Adams
Appellees’ attorney: Warren K. Hopkins
1:45 PM 2006-CA-000539; 2006-CA-000610; 2007-CA-000171
GORDON SETTLOW v. ALICE SETTLOW
Civil: Trigg County — Trial Judge Bill Cunningham
Summary: Gordon Settlow appeals from an order requiring him to pay permanent maintenance in the amount of $2,100.00 per month. Alice Settlow cross-appeals arguing that the trial court failed to consider applicable law in awarding an inadequate amount of permanent maintenance.
Appellant’s attorney: William G. Deatherage Jr.
Appellee’s attorney: Dov Moore
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 about the state to hear cases.