Kentucky Court of Justice
Kentucky Court of Appeals will hear oral arguments Sept. 30 in Bowling Green

Press Release Date:  Thursday, September 25, 2008  
Contact Information:  Jamie Ball
Public Information Specialist
502-573-2350, x 2233
jamieball@kycourts.net
http://courts.ky.gov
 


FRANKFORT, Ky. -- The Kentucky Court of Appeals will hear oral arguments in one case Tuesday, Sept. 30, at the Warren County Judicial Center in Bowling Green. Proceedings will be open to the public.

A three-judge panel consisting of Court of Appeals Judges Glenn E. Acree, Denise G. Clayton and Senior Judge Daniel T. Guidugli will hear oral arguments in Shafer Plaza VI LTD v. Timothy Lang Et Al. starting at 10 a.m. in Circuit Courtroom C. The courtroom is on the fourth floor of the judicial center at 1001 Center St. The case is on appeal from Warren County Circuit Court.

A case docket containing a summary of the case is below. 

BOWLING GREEN DOCKET

Tuesday, Sept. 30, 2008

10 AM     2007CA001391
               SHAFER PLAZA VI LTD v. TIMOTHY LANG ET AL.

Summary: Civil. Appellant is challenging jury verdict of $140,000 to appellee in a commercial lease case. Issues include forum selection clause, directed verdict and proof of damage.

Warren County judge who ruled in the case – Judge Steve Alan Wilson

Appellant’s attorney: Gregory N. Stivers

Appellees’ attorney: Lee Huddleston

Judge Glenn E. Acree
Judge Glenn E. Acree was elected judge for the Kentucky Court of Appeals in November 2006 to serve Division 2 of the 5th Appellate District. He was appointed to that position in August 2006 to fill a vacancy created when Judge Julia K. Tackett retired June 30, 2006.

The 5th Appellate District is comprised of Anderson, Bourbon, Boyle, Clark, Fayette, Franklin, Jessamine, Madison, Mercer, Scott and Woodford counties.

Judge Acree resides in Lexington, where he has had a solo practice since 1997. Prior to 1997, he practiced law with Stidham & Acree from 1996 to 1997; with Thomas, Stidham & Acree from 1994 to 1996; and with McBrayer, McGinnis, Leslie & Kirkland from 1985 to 1994.

Before his appointment to the Court of Appeals, Judge Acree handled litigation and appeals in the areas of criminal law, administrative law, employment discrimination, civil procedure, insurance law, domestic relations, environmental law and construction law.

Judge Acree has a bachelor’s degree and juris doctor from the University of Kentucky. He also earned a master’s degree from the University of Maryland.

He is married to the former Lisa T. Hahn of Versailles. He has two sons, Matt and Taylor.

Judge Denise G. Clayton
Judge Denise G. Clayton became the first black woman appointed to the Kentucky Court of Appeals in October 2007. She represents Division 2 of the 4th Appellate District, which consists of Jefferson County.

Prior to her appointment to the Court of Appeals, Judge Clayton was chief circuit judge for Jefferson County, where she had been a circuit judge for nearly seven years. She was the first black woman to be a Kentucky Circuit Court judge. She was also chief regional circuit judge for the Metro Region for several months before she was appointed to the Court of Appeals. Judge Clayton also previously served in Jefferson County as a judge for District Court, Family Court and Drug Court.

Judge Clayton began her legal career as an attorney with the Internal Revenue Service. She spent nine years in private practice and was the Legal Aid Society of Louisville’s associate director before becoming a Jefferson County District Court judge in 1996.

Judge Clayton graduated cum laude with a bachelor’s degree from Defiance College in Defiance, Ohio. She earned her juris doctor degree from the University of Louisville Brandeis School of Law.  

She is the chairwoman for the Commission on Racial Fairness for Jefferson County’s courts and is a member of the Louisville Bar Association, Louisville Black Lawyers Association, Women Lawyers Association and Focus Louisville. She is also on the board of directors for the Coalition for the Homeless, Plymouth Community Renewal Center, Summerbridge, and Norton Hospital Foundation.

Among her awards, Judge Clayton has received the Public Advocate Award from the state’s Department of Public Advocacy, the Distinguished Alumna Award from the Brandeis School of Law, the Alumni Achievement Award from Defiance College, the Community Service Award from the Optimist Club of Louisville, and the Champion for Children Award from Shawnee High School in Louisville.

Judge Clayton is married to Ronald Clayton and has two children.

Senior Judge Daniel T. Guidugli
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 more than 10 years on the Court of Appeals. 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 earned his juris doctor from the NKU Salmon P. Chase College of Law and received his Bachelor of Arts in history and political science from NKU.

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.