Kentucky Court of Justice
Kentucky Court of Appeals to hear oral arguments July 21 in Lexington
FRANKFORT, Ky. -- The Kentucky Court of Appeals will hear oral arguments in two cases Monday, July 21, at the Robert F. Stephens Courthouse, Fayette Circuit Court, in Lexington. The proceedings will be open to the public.
A three-judge panel consisting of Court of Appeals Judges Michael Caperton and Laurance B. VanMeter and Senior Judge Daniel T. Guidugli will hear arguments in the cases starting at 10 a.m. in Courtroom I on the fourth floor of the courthouse, which is located at 120 North Limestone.
A case docket containing summaries of the cases the panel will hear is below.
Monday, July 21, 2008
10 AM 2007CA001715
YOST ENERGY LLC v JERRY GAINES ET AL.
Summary: Civil. An oil and gas lease case in which the issues are lease interpretation, direct verdict and judgment not withstanding the verdict.
Warren County judge who ruled in the case – Judge John R. Grise
Appellant’s attorney: Kenneth A. Meredith II
Appellees’ attorney: David F. Broderick
10:45 AM 2007CA001405
JOE YOUNG ET AL. v DONALD DILLOW ET AL.
Summary: Civil. Medical malpractice wrongful death case. Judgment for defense.
Fulton County judge who ruled in the case – Judge Timothy A. Langford
Appellants’ attorneys: James B. Brien Jr., Charles Wesley Fowler and Gary K. Smith
Appellees’ attorneys: Martin A. Arnett, Jonathan Freed, Jonathan D. Pitchford, E. Frederick Straub Jr. and William P. Swain
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 for 14 years as a District Court judge for the 27th 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 Caperton has two teenage daughters.
Judge Laurance B. VanMeter
Judge Laurance B. VanMeter was elected to the Kentucky Court of Appeals in November 2003 to serve Division 1 of the 5th Appellate District. He was re-elected to the Court of Appeals in November 2006. The 5th Appellate District is comprised of Anderson, Bourbon, Boyle, Clark, Fayette, Franklin, Jessamine, Madison, Mercer, Scott and Woodford counties.
Judge VanMeter also serves as Court of Appeals representative on the Ethics Committee of the Kentucky Judiciary.
Prior to being elected to the Court of Appeals, Judge VanMeter was appointed to serve as a Fayette County circuit judge in 1999. From 1994 to 1999, he was a district judge for Fayette County, Division 1 of the 22nd Judicial District. He practiced law with the Lexington firm of Stoll, Keenon & Park from 1983 to 1994.
Judge VanMeter has been actively involved in many community organizations, including Little League Baseball, Boys and Girls Clubs of America, and Parents Place.
He received his undergraduate degree in 1980 from Vanderbilt University and his law degree in 1983 from the University of Kentucky College of Law, where he was a member of the Order of the Coif and the Kentucky Law Journal.
Judge VanMeter was born in 1958 and is a native of Winchester.
Senior Judge Daniel T. Guidugli
Senior Judge Daniel T. Guidugli is a senior judge assigned to the Court of Appeals. He became a senior judge after retiring as a Court of Appeals judge in December 2006.
Judge Guidugli served on the Court of Appeals for more than 10 years. He was elected to the Court of Appeals in November 1996 following an appointment to the court in September of that year. He served as a District Court judge from 1985 until he was appointed to the Court of Appeals. Prior to his judicial career, he was assistant county attorney in Campbell County.
He is a member of the Northern Kentucky Bar Association and the Northern Kentucky University Alumni Association. In 1984, Judge Guidugli received the Outstanding Young Man of America award.
Judge Guidugli received his Bachelor of Arts in history and political science from NKU and earned his juris doctor from Salmon P. Chase College of Law.
He was born in 1952 and is a Campbell County native. Judge Guidguli is married to Mary and their family includes two sons.
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.
The Administrative Office of the Courts in Frankfort supports the activities of 4,000 Kentucky Court of Justice employees, including the elected offices of justices, judges and circuit court clerks. As the fiscal agent for the state court system, the AOC prepares a biennial budget draft and executes the Judicial Branch budget.