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Court of Appeals to hear cases from Jefferson and Nelson counties Dec. 6 in Louisville

Tuesday, 12 04, 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 Jefferson and Nelson counties when it convenes Thursday, Dec. 6, at the Jefferson County Judicial Center in Louisville. Proceedings are open to the public and will take place in the Appellate Courtroom on the 10th floor of the judicial center at 700 W. Jefferson St.

A three-judge panel composed of Court of Appeals Judges Sara Walter Combs, James H. Lambert and Christopher Shea Nickell will hear oral arguments in the cases. Judge Combs will preside.

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.

LOUISVILLE DOCKET (Times are local – EST)

THURSDAY, DEC. 6, 2012

1:45 PM    

2012-CA-000439
WOODLAWN SPRINGS HOMEOWNERS ASSOCIATION, INC. v YOUR COMMUNITY BANK, INC.

Summary: Civil. At issue are restrictive covenants in subdivision restrictions and the proper definition of “developer” under Kentucky law. This is purportedly an issue of first impression.

Nelson County judge who presided in the case – Judge John David “Jack” Seay

Appellant attorney: Mark Edison

Appellee attorneys: Clifford Ashburner and Sara Veeneman

2:30 PM    

2011-CA-002257
GARY HURT, IN HIS INDIVIDUAL CAPACTIY AS EMPLOYEE (OF THE JEFFERSON COUNTY BOARD OF EDUCATION) ET AL. v BARBARA PARKER

Summary: Civil. This was a personal injury case involving a visitor on school premises. The trial court entered summary judgment, finding that the high school principal was not shielded by qualified immunity. This allowed the case to proceed. The principal, appellant Gary Hurt, challenges the court’s finding that his duties were ministerial rather than discretionary and seeks the protection of immunity. Gary Hurt is also named as an appellant in his capacity as principal of Valley High School. This is represented in the case name as et al., which means “and others.”

Jefferson County judge who presided in the case – Judge Brian C. Edwards

Appellant attorney: Byron Leet

Appellee attorney: Damon Willis

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.

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