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Court of Appeals to hear cases from Fayette and Franklin counties Dec. 5 in Newport

Monday, 12 03, 2012

Jamie Neal
Public Information Specialist
502-573-2350, x 50033
jamieneal@kycourts.net
http://courts.ky.gov

FRANKFORT, Ky. -- The Kentucky Court of Appeals will hear civil cases on appeal from Fayette and Franklin counties when it convenes Wednesday, Dec. 5, at the Campbell County Courthouse in Newport. Proceedings are open to the public and will take place in the Circuit Court Courtroom on the third floor of the courthouse at 330 York St.

A three-judge panel composed of Court of Appeals Chief Judge Glenn E. Acree and Court of Appeals Judges Michelle M. Keller and Irv Maze will hear oral arguments in the cases.

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.

NEWPORT DOCKET (Times are local – EST)

WEDNESDAY, DEC. 5, 2012

11:30 AM    

2012-CA-000012
DEANS & HOMER, INC. v COMMONWEALTH OF KENTUCKY, PUBLIC PROTECTION CABINET (KENTUCKY DEPARTMENT OF INSURANCE) ET AL.

Summary: Chief Judge Acree will preside. Civil. Administrative Law. Insurance company Deans & Homer is appealing a Circuit Court ruling that upheld the Department of Insurance’s finding that the company performed an unauthorized transaction of insurance business. Appellant Deans & Homer argues in its appeal that the Department of Insurance (the appellee) was arbitrary or clearly erroneous in its finding against the company. Sharon P. Clark is also an appellee in the case in her capacity as commissioner of the Department of Insurance. Stor-All Winchester Road and Storage Mart MO-KY have filed friend of the court briefs (amicus curiae briefs) in the case. A friend of the court is a person or organization that is not a party to a case but volunteers to offer information to assist a court in deciding a matter before it. Commissioner Clark and the storage companies are the “et al.” in the case name. Et al. means “and others.”

Franklin County judge who presided in the case – Judge Thomas D. Wingate

Appellant attorneys: Kyle Melloan, Gregory Mitchell, Jason Renzelmann and Sheryl Snyder

Appellee attorneys: Stephen Taylor for the Public Protection Cabinet and Russell Saunders for Stor-All Winchester

1:30 PM   

2010-CA-001027
LEXINGTON INVESTMENT COMPANY, INC., ET AL. v RANDY WILLEROY ET AL.

Summary: Judge Maze will preside. Civil. Appellant Lexington Investment Co. is challenging the Circuit Court’s denial of CR 11 sanctions for appellee Randy Willeroy. Willeroy asserted claims of legal malpractice and breach of fiduciary duty against an attorney and a brokerage company for his mother’s estate. Claims against the brokers were dismissed for Willeroy’s failure to state a claim. Claims against the attorney went to trial and were partially successful. The brokerage company, Lexington Investment Co., argues in its appeal that CR 11 sanctions were appropriate for Willeroy because he and his counsel admitted they had no factual basis for the claims.

Fayette County judge who presided in the case – Judge Pamela R. Goodwine

Appellant attorney: Denise McClelland

Appellee attorneys: Richard Dieffenbach, G. Stidham and Lynn Stidham

Administrative Office of the Courts
The Administrative Office of the Courts in Frankfort is the operations arm for the state court system. The AOC supports the activities of nearly 3,300 court system employees and 403 elected justices, judges and circuit court clerks. As the fiscal agent for the state court system, the AOC executes the Judicial Branch budget.