OPINION CLAYTON, Judge: Bonnie Pryor appeals the Pendleton Circuit Court's decision that granted Colony Insurance Company's motion for summary judgment. In its decision, the trial court determined that the language in the commercial general liability insurance policy excluded coverage for Glenn Pryor's death. After careful review, we affirm. FACTUAL AND PROCEDURAL BACKGROUND Greg Rucosky owns and operates an excavating, hauling, and logging business called Newcastle Hauling, LLC (...
NOT TO BE PUBLISHED OPINION CAPERTON, Judge. The Appellant, Steven A. Dodson, appeals the April 5, 2012, order denying him Kentucky Rules of Civil Procedure (CR) 60.02 relief from judgment entered by the Cumberland Circuit Court against him in 1981 for two counts of theft by deception 1 based upon his contention that fraud affected the previous proceedings, thereby entitling him to relief. Upon review of the record, the arguments of the parties and the applicable law, we affirm. In 1981,...
NOT TO BE PUBLISHED OPINION CAPERTON, Judge. The Appellant, Steven A. Dodson, appeals the August 27, 2012, findings of fact, conclusions of law, and order overruling Kentucky Rules of Criminal Procedure (RCr) 11.42 motion issued by the Monroe Circuit Court which he filed following his conviction for being a felon in possession of a handgun pursuant to Kentucky Revised Statutes (KRS) 527.040. Upon review of the record, the arguments of the parties and the applicable law, we affirm. In 1981,...
NOT TO BE PUBLISHED OPINION DIXON, Judge. Appellants, Beverly Braden Bailey, Ernest Donald Braden, Jr., Michael Lee Braden, and Larry Thomas Braden (collectively "the Bradens"), appeal from an order of the Breckenridge Circuit Court granting summary judgment in favor of Appellee, Endeavor Energy Resources, LP, on their claims of trespass, conversion, unjust enrichment, and nuisance. Finding no error, we affirm. The property at issue herein is a seven-acre tract located on an 81-acre farm...
NOT TO BE PUBLISHED OPINION DISMISSING APPEAL JONES, Judge. The Appellant, Juan Sanders-El, appeals pro se from the Jefferson Circuit Court order denying his Kentucky Rule of Criminal Procedure (RCr) 11.42 motion. We conclude that Appellant's RCr 11.42 motion was untimely, and therefore, we lack jurisdiction over this appeal. Consequently, we must dismiss this appeal. I. Factual and Procedural Background On October 6, 2006, in the Jefferson Circuit Court, following a jury trial, Sanders-...
NOT TO BE PUBLISHED OPINION TAYLOR, Judge. Ron Jarboe brings this appeal from a June 15, 2012, order of the Jefferson Circuit Court, denying his motion to set aside the December 27, 2011, summary judgment in favor of Morris, Garlove, Waterman & Johnson, PLLC. We affirm. On September 22, 2005, the law firm Morris, Garlove, Waterman & Johnson, PLLC (appellee) filed a complaint against Ron Jarboe 1 (appellant) and his company, Freedom Express, Inc. (Freedom Express) in Jefferson Circuit Court....
NOT TO BE PUBLISHED OPINION MOORE, Judge. Darrell Palladino appeals from an opinion and order of the Fayette Circuit Court awarding damages in the amount of $17,890.58 to Palladino's former landlord, Thomas Shropshire, in this breach of lease action. In October 2007, Palladino signed a lease agreement with Shropshire to rent a residence in Lexington, Kentucky. On June 23, 2010, Shropshire filed a complaint in Fayette Circuit Court against Palladino, alleging that he had breached the lease...
NOT TO BE PUBLISHED OPINION LAMBERT, Judge. Kyle Edgell was convicted of assault in the second degree and wanton endangerment in the second degree. Kyle 1 was sentenced to five (5) years' imprisonment. Based on the reasons herein, we affirm Kyle's judgment of conviction. On August 30, 2011, a Breckinridge County Grand Jury returned a two-count indictment charging Kyle with assault in the second degree and wanton endangerment in the first degree. The victim of the assault was Kyle's father,...
NOT TO BE PUBLISHED OPINION THOMPSON, Judge. Ricky Barbour challenges the summary denial of his RCr 11.42 motion for relief of judgment due to ineffective assistance of counsel. This motion follows Barbour's retrial on the issue of whether he is a second degree persistent felony offender (PFO II) and sentencing. Barbour argues his trial counsel was ineffective for (1) failing to preserve the issue of mitigating evidence to the Court of Appeals and failing to provide mitigating evidence; and...
NOT TO BE PUBLISHED OPINION TAYLOR, Judge. Corey Jackson brings this appeal from a February 17, 2012, Order of the Fayette Circuit Court denying his motion for Kentucky Rules of Criminal Procedure (RCr) 11.42 relief following an evidentiary hearing. We affirm. We begin by a short recitation of the underlying facts: On October 24, 2006, at approximately 7:15 a.m., Rebekah Kirkland was robbed at gunpoint in downtown Lexington. As Kirkland exited her automobile, a man put a gun to her stomach...
NOT TO BE PUBLISHED OPINION DIXON, Judge. In this premises liability action, Andrea Searcy appeals an order of the Daviess Circuit Court granting summary judgment in favor of Double D Entertainment Group, LLC and its associated business entities, Blind Parrot Catering, LLC, and Blind Parrot Pub & Grub, LLC (collectively "Appellees"). Because summary judgment was improper, we vacate the court's order and remand for further proceedings. On November 9, 2007, Searcy and a female friend drove...
NOT TO BE PUBLISHED OPINION COMBS, JUDGE. David McIntosh appeals from the September 12, 2012, judgment of the Owsley Circuit Court following his conditional plea of guilty to the charge of unlawful possession of a precursor to methamphetamine. He conditioned his plea upon the right to appeal the trial court's denial of his motion to suppress evidence. After our review, we affirm. On May 27, 2011, Kentucky State Police Trooper Jarrod Smith was working in Booneville to locate a stolen vehicle...
NOT TO BE PUBLISHED OPINION TAYLOR, JUDGE. Healthcare Underwriters Group (Healthcare Group) brings this appeal from an October 18, 2012, Judgment of the Fayette Circuit Court upon a petition for declaration of rights to adjudicate entitlement to insurance coverage. We affirm. In June 2006, Margaret Strange filed a complaint against, inter alios, Dr. Charles R. Combs (Action No. 06-CI-2585). Strange claimed that Dr. Combs breached the standard of care while operating upon her thumb on...
NOT TO BE PUBLISHED OPINION ACREE, CHIEF JUDGE. Terry Bennett entered an Alford 1 plea of guilty to an amended charge of criminal attempt to commit manufacturing methamphetamine, conditioned on his right to appeal the Owsley Circuit Court's denial of his motion to suppress evidence. The sole issue on appeal is whether the circuit court properly applied the "good faith" exception to the search warrant used to obtain the evidence against Bennett. We affirm the trial court's ruling. Bennett...
OPINION CLAYTON, JUDGE. The Estate of Mildred L. McVey appeals from the April 11, 2012 order of the Franklin Circuit Court concerning an inheritance tax assessment. First, the circuit court reversed the decision of the Kentucky Board of Tax Appeals (hereinafter "KBTA") and reinstated the decision of the Department of Revenue, Finance and Administration Cabinet (hereinafter the "Department") that had disallowed the deduction for inheritance taxes as a "cost of administration." Further, the...
OPINION AFFIRMING IN PART, REVERSING IN PART, AND REMANDING MOORE, Judge: Rebecca Rhodes appeals the Jefferson Circuit Court's order denying her motion to expunge the charges against her. After a careful review of the record, we reverse in part because it appears the circuit court only reviewed whether Rhodes's felony counts could be expunged, and it failed to determine whether Rhodes was entitled to have her misdemeanor expunged. We affirm in part concerning Rhodes's motion to expunge her...
NOT TO BE PUBLISHED OPINION CLAYTON, Judge. This is an appeal of a decision of the Elliott Circuit Court regarding custody of a three-year-old boy, R.H. Based upon the following, we affirm the trial court's decision. BACKGROUND SUMMARY The father of R.H., Jeremy Hamilton, brought an action in the Elliott Circuit Court regarding the custody of R.H. The child's parents, Hamilton and Jessica Skaggs, were not married to one another at the time of R.H.'s birth. Hamilton became the primary...
NOT TO BE PUBLISHED OPINION STUMBO, Judge. Rancie Hannah appeals from a judgment and decree of dissolution of marriage. He claims that the trial court erred in making Angela Hannah the primary custodian of the parties' minor children, that the trial court erred in the distribution of the marital estate, that the trial court erred in the award of child support, that the trial court erred in the award of maintenance, that the trial court erred in the allocation of a marital bank account, and...
NOT TO BE PUBLISHED OPINION ACREE, Chief Judge. Cox's Smokers Outlet, LLC (Cox's) and William K. Grantz, a member of Cox's, appeal from the circuit court's summary judgment in favor of the appellees. Having reviewed the record, the arguments of the parties, and the relevant law, we reverse and remand. FACTS Cox's operates a liquor store on Hubbards Lane in St. Matthews, Kentucky. On October 1, 2010, Kroger Limited Partnership I, through its general partner, KRGP, Inc. (collectively Kroger),...
NOT TO BE PUBLISHED OPINION STUMBO, Judge. Cornelius Coleman appeals from an order of the Woodford Circuit Court denying his RCr 1 11.42 motion alleging ineffective assistance of trial counsel. We find no error and affirm. On December 29, 2004, a minister was severely beaten and robbed by Appellant and a co-defendant. The minister was getting out of his vehicle when a man approached him and demanded the minister "give him everything he had." When the minister refused to comply, Appellant...
