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Court of Appeals to hear cases from Warren and Webster counties Feb. 8 in Madisonville

Thursday, 02 07, 2013

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 convene Friday, Feb. 8, in Madisonville to hear oral arguments in civil cases on appeal from courts in Warren and Webster counties. Proceedings are open to the public and will begin at 1 p.m. CST in Circuit Courtroom II of the Hopkins County Judicial Center at 120 E. Center St.

A three-judge panel composed of Court of Appeals Judges Denise G. Clayton, Joy A. Moore and Christopher Shea Nickell will hear 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.

MADISONVILLE DOCKET

FRIDAY, FEB. 8, 2013

1 PM CST    

2012-CA-000207
STEVEN E. FURLONG v DONNA H. FURLONG

Summary: Judge Nickell will preside. Civil. At issue in the appeal is whether the trial court erred in reopening a divorce case and amending the settlement agreement entered in the case four years earlier, finding an intentional violation of the terms of the settlement agreement regarding retirement benefits and awarding attorney fees.

Warren County judge who presided in the cases – Judge Margaret R. Huddleston

Appellant attorney: David Lanphear

Appellee attorneys: David Broderick and Ruth Broderick

1:45 PM CST    

2012-CA-000099
PAULINE MOONEY (BY HER HEIRS AUBREY R. MOONEY & PAULETTA M. YARBROUGH) ET AL. v ALCOA FUELS, INC., ET AL.

CROSS-APPEAL
2012-CA-000164
ALCOA FUELS, INC. v PAULINE MOONEY, BY HER HEIRS (AUBREY R. MOONEY AND PAULETTA M. YARBROUGH) ET AL.

Summary: Judge Moore will preside. Civil. Mineral royalties case. At issue is whether the trial court erred in its legal determination of deeds in which appellant/appellee Pauline Mooney by her heirs argues that the deed descriptions cannot be located with reasonable certainty. Also at issue is whether the trial court erred in its determination of entitlement to coal royalties. There are other appellants and appellees in this appeal and cross-appeal. More than one appellant or appellee in a case is represented in the case name as et al., which means “and others.” To see all parties in the appeal and cross-appeal, input the case numbers on the Court of Appeals cases page.

Webster County judge who presided in the case – Judge C. Rene’ Williams

Appellant/appellee attorney: Sandra Freeburger

Appellee/appellant attorneys: Benjamin Cubbage Jr., Charles West and Joel Rich

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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