NOT TO BE PUBLISHED OPINION DIXON , Judge . Appellant, Grange Property & Casualty Insurance Company, appeals from an order of the Jefferson Circuit Court granting Appellee, Tomira Chappell's, motion for summary judgment and ordering Grange to pay her 18% interest on medical expenses that it delayed payment of, as well as Chappell's attorney fees. For the reasons set forth herein, we reverse the judgment of the trial court and remand for further proceedings consistent with this opinion....
NOT TO BE PUBLISHED OPINION JOHNSON , Judge . Appellants, William and Theresa Thompson ("Thompsons") appeal from a January 4, 2016 judgment of the Pulaski Circuit Court denying them Summary Judgment on all issues. After reviewing the record in conjunction with the applicable legal authorities, we AFFIRM the decision of the Pulaski Circuit Court. BACKGROUND The original complaint was filed by the Thompsons on February 25, 2008. On October 8, 2008, Michael Westendorf, Gayle Westendorf and...
NOT TO BE PUBLISHED OPINION ACREE , Judge . Appellants Barren River Waterfront Development, Inc., Stacy Bartlett, and Mike Bartlett appeal from the June 24, 2014, order of the Barren Circuit Court granting summary judgment in favor of Appellee, The Narrows Marina, LLC. We affirm. FACTS AND PROCEDURE In 2006, Barren River obtained a loan secured by a promissory note from Narrows Marina's co-appellee, South Central Bank. The note contained a default provision which accelerated all amounts...
NOT TO BE PUBLISHED OPINION JONES , Judge . This is an appeal of an Opinion and Order of the Franklin Circuit Court reversing an Order of the Cabinet for Health Services, which disapproved a Certificate of Need application to establish an alternative birth center in Elizabethtown, Hardin County, Kentucky. After careful review we reverse the Order of the Franklin Circuit Court and reinstate the Order of the Cabinet disapproving the Certificate of Need. I. FACTUAL AND PROCEDURAL BACKGROUND...
NOT TO BE PUBLISHED OPINION TAYLOR , Judge . John Raap brings Appeal No. 2016-CA-000270-MR and Jamelle Taylor brings Cross-Appeal No. 2016-CA-000326-MR from a February 5, 2016, Judgment of the Jefferson Circuit Court upon a jury verdict awarding Jamelle Taylor $98,158.13 in compensatory damages for injuries he suffered as a result of his bicycle colliding with Raap's motor vehicle. We affirm. On January 19, 2014, Raap was operating a motor vehicle on Bashford Avenue in Louisville,...
NOT TO BE PUBLISHED OPINION COMBS , Judge . Gregory Scott Ross appeals the Jefferson Circuit Court's denial of his motion to vacate, set aside or correct his sentence pursuant to RCr 1 11.42. On appeal, Ross argues that he was entitled to post-conviction relief after he pleaded guilty in exchange for a deferred sentence. Because RCr 11.42 is not available to individuals on pretrial diversion, we affirm. Ross was accused of touching two girls under the age of twelve in a sexual manner. A...
NOT TO BE PUBLISHED OPINION JOHNSON , Judge . Michael Padgett appeals from the Daviess Circuit Court's judgment and sentence following guilty verdict, entered April 29, 2015. Because the court granted a mistrial over Padgett's objection and without a showing of manifest necessity, we VACATE the conviction resulting from his retrial based upon the constitutional prohibition against double jeopardy. BACKGROUND The facts of this case stem from an incident on February 9, 2014, in which...
NOT TO BE PUBLISHED OPINION COMBS , Judge . Charles V. Thomas appeals from the Boone Circuit Court's amended final judgment and sentence of imprisonment following the court's denial of his oral motion to dismiss and written motion to suppress. After our review, we affirm the circuit court. The facts of this case are largely undisputed. On December 10, 2015, police in Boone County executed a search warrant at Thomas's residence and discovered a collection of items routinely used to...
NOT TO BE PUBLISHED OPINION CLAYTON , JUDGE . Bradley A. Turner appeals from the July 12, 2016 Henderson Circuit Court's Judgment of Conviction. Turner was convicted by a jury on the charge of theft by failure to make required disposition of property under $10,000 and received a sentence of one year's imprisonment. After our review, we affirm. BACKGROUND On April 9, 2015, Turner was indicted on the charge of theft by failure to make required disposition of property under $10,000, a...
NOT TO BE PUBLISHED OPINION THOMPSON , Judge . Susan J. Dixon, pro se, appeals from a Warren Circuit Court order affirming the Kentucky Unemployment Insurance Commission's denial of her application for unemployment benefits. Dixon argues the Commission abused its discretion and violated her due process rights when it refused to grant her a rehearing after she failed to appear for the originally-scheduled telephonic hearing. Because Dixon demonstrated good cause for her failure to appear...
OPINION JONES , JUDGE . The Appellant, Robert Mark Scott ("Scott"), appeals from the March 16, 2015, order of the Laurel County Circuit Court. In that order, the circuit court granted a motion for judgment on the pleadings made by the Appellee, Forcht Bank, N.A. ("Forcht Bank"). For the reasons more fully explained below, we AFFIRM. I. FACTUAL AND PROCEDURAL BACKGROUND In September 2008, Scott approached Forcht Bank to obtain financing for the purchase of two undeveloped lots (Lot #23...
NOT TO BE PUBLISHED OPINION NICKELL , Judge . Richard Pangallo challenges an order entered by the Kenton Circuit Court, Family Division, requiring him to pay $810.40 in monthly child support for his two minor daughters. 1 He argues imposing the obligation was arbitrary because he and his former wife, Jennifer Lynn Pangallo, with whom he shares joint legal custody, earn virtually the same income, share nearly equal physical custody of their two young girls, and, in a Property Settlement...
NOT TO BE PUBLISHED OPINION COMBS , Judge . Appellant, Sunz Insurance Company, appeals from an Opinion of the Workers' Compensation Board affirming the Administrative Law Judge's determination on remand that Sunz failed to show good cause for untimely filing its Notice of Claim Denial (Form 111). We affirm. This case has a lengthy procedural history, and we refer to the record only as necessary to resolve the issues before us involving numerous Appellees. Appellee Owen Carroll Laney, d/...
OPINION LAMBERT, J. , JUDGE : Laura Pope and Kevin Bailey appeal from the Spencer Circuit Court's order denying their motion to quash a writ of possession to Sherle R. Thompson, D.V.M., and Shari Steven, doing business as Sequoyah German Shepherds (Sequoyah). Pope and Bailey also appeal from the Spencer Circuit Court's order denying their motion to alter, amend or vacate. We affirm. On May 31, 2012, Pope entered into a contract with Sequoyah for the purchase of one of its male puppies, a...
OPINION MAZE , JUDGE . Appellants, Harry Seeger and his business, Seeger Enterprises Inc. (hereinafter collectively referred to as "Seeger"), appeal from a May 2015 judgment of the Nelson Circuit Court. Seeger argues that the trial court wrongly granted directed verdict on his claims of breach of fiduciary duty, tortious interferences with contract relations, and intentional infliction of emotional distress. He also argues that the trial court abused its discretion when it refused to...
OPINION JONES , Judge . The Appellant, Michael Powers ("Powers"), appeals from the November 17, 2015, summary judgment and order of the Fayette Circuit Court dismissing his claim of an alleged violation of Kentucky's Civil Rights Act, Kentucky Revised Statutes (KRS) Chapter 344 ("KCRA") against Appellee, Keeneland Association, Inc. ("Keeneland"). The trial court concluded that Powers was not an employee of Keeneland, but rather an independent contractor, and therefore, unable to invoke the...
NOT TO BE PUBLISHED OPINION ACREE , Judge . Appellant William Gerald "Jerry" Watson appeals the McCracken Circuit Court's grant of summary judgment in favor of Appellee Roof Brothers Wine & Spirits, Inc. Watson alleged in his complaint that Roof Brothers served and sold alcohol to an obviously intoxicated patron, Joe Taylor, whose subsequent negligence caused Watson's injuries. Roof Brothers' summary judgment motion convinced the circuit court there was not enough evidence of a sale of...
NOT TO BE PUBLISHED OPINION THOMPSON , Judge . Theresa Gerstle files this appeal from an order of the Jefferson Circuit Court selling property on which Gerstle had a mortgage. Because Gerstle failed to present proof of her mortgage to the circuit court and she is not entitled to relief under Kentucky Rules of Civil Procedure (CR) 60.02, we affirm. Holly House Condominium Homes filed suit alleging that John Anaruma owned Unit #48 of Holly House, an interest he acquired through a deed....
NOT TO BE PUBLISHED OPINION ACREE , Judge . Kathleen Hahn appeals the Adair Circuit Court order revoking her probation. She challenges the sufficiency of the evidence supporting the trial court's findings of fact and conclusions of law under KRS 1 439.3106. On July 28, 2014, Hahn was indicted by an Adair County grand jury for two counts of abandonment of a minor and two counts of third-degree unlawful transaction with a minor. According to the complaint in the case, Hahn left her two...
NOT TO BE PUBLISHED OPINION AND ORDER NICKELL , Judge . Johnny Lawson appeals from the Bell Circuit Court's dismissal of his action seeking review of an administrative decision denying Medicaid coverage for an inpatient hospital stay. We affirm. The historical facts underlying the merits of the instant dispute, while fascinating, are mainly irrelevant to the issue on appeal, thereby requiring only a truncated summary. Lawson, a Medicaid beneficiary, was a patient at Harlan Appalachian...
