Standard of Review: For appellate court in reviewing trial courts application...
Statute of Limitations Ruling by trial court. A question of law, and when within the context of applying the SOL in a UIM context a question of contract interpretation, too. Review on appeal: From...
View ArticleStandards of Review: Of trial court’s denial of summary judgment re...
The following decision summarizes the law regarding appeal of summary judgment ruling. Although not an issue presented, we clarify a procedural point. A denial of summary judgment is generally...
View ArticleStds of Review: of Denial of Motion to Intervene as Matter of Right –...
We review the denial of a motion to intervene as a matter of right for clear error. Carter v. Smith, 170 S.W.3d 402, 409 (Ky. App. 2004). However, a court’s evaluation of the timeliness of a motion to...
View ArticleStds of Review – Appeals: Raising issues first time on appeal (Grant v....
This nonpublished decisions addresses failure to preserve error and raise it on appeal for the first time: Grant v. Warren County, COA, NPO, 8/10/2012 As a general rule, a party is not permitted to...
View ArticleSTDS OF REVIEW: Motion to Dismiss CR 12.02
When a trial court is presented with a Kentucky Rules of Civil Procedure (CR) 12.02 motion to dismiss, the court must take every well-pleaded allegation of the complaint as true and construe it in the...
View ArticleSTDS OF REVIEW: Contract interpretation
Furthermore, “[i]t is well established that construction and interpretation of a written instrument are questions of law for the court.” Cinelli, 997 S.W.2d at 476 (citing Morganfield Nat’l. Bank v....
View ArticleStandards of Review: Motion for JNOV and Directed Verdict: Marlow vs. Buck,...
The following decision addressed the appellate standard of review of a denial by the trial court of a motion for judgment notwithstanding the verdict (JNOV) and motion for directed verdict. MARLOW VS....
View ArticleStandards of Review: Published decision addresses motions for JNOV and...
Here is another decision by the Court of Appeals addressing the standard of review of a motion for directed verdict or JNOV, but this time it is in a published decision. Although the law is the law, a...
View ArticleStandards of Review: Motion to set aside judgment (Bailey v. Bailey, COA,...
BAILEY (BUDDY LEE) VS. BAILEY (LINDA BETH) OPINION AFFIRMING LAMBERT (PRESIDING JUDGE) CAPERTON (CONCURS) AND MAZE (CONCURS) 2012-CA-000508-MR TO BE PUBLISHED SPENCER On appeal, Buddy argues that the...
View ArticleStd. of Review: Summary Judgment on Appeal and Opposing Party Presenting Some...
902. Summary Judgment Reversed on Appeal; Torts. Slip and Fall, Premises Liability, Ice and Natural Hazards Ollie Barker vs. John D. Northcutt Rowan County, Judge William Evans Lane Not to be...
View ArticleStds. of Review: Statutory Interpretation
Stephanie Foster v. Jennie Stuart Medical Center Christian County, Judge John L. Atkins Court of Appeals, Published 9/20/2013 “[W]e have a duty to accord to words of a statute their literal meaning...
View ArticleStd. of Review: Administrative Decisions, Statutory Interpretation
Ford Contracting, Inc. v. Kentucky Transportation Cabinet COA PUB 2/7/2014 ACREE, CHIEF JUDGE: Ford Contracting, Inc. appeals the February 21, 2012 order of the Franklin Circuit Court reversing in part...
View ArticleStandard of Review: Rule 11 Sanctions Imposed by Trial Court
Persels & Associates LLC v. Capital One Bank COA PUB 2/14/2014 (Presiding Judge Clayton) Daviess County, Trial Judge Joseph Castlen, III CLAYTON, JUDGE: Persels & Associates, LLC appeal the...
View ArticleStandards of Review: Condemnation
Kuchle Realty Co. v. Commonwealth of Kentucky Dept of Transportation COA Published 6/1/2018 The authority to condemn is subject to the constitutional restrictionthat the taking be for “public use” and...
View ArticleStandards of Review: Jury Instructions
Cross v. Melton COA Not to be Published (6/1/18) On appellate review, when determining “whether a trial court erredby: (1) giving an instruction that was not supported by the evidence; or (2) not...
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