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| Bailey v. Bailey, NO. 2006-CA-001188-MR,
COURT OF APPEALS OF KENTUCKY, September 21, 2007, Rendered
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Overview: Because the duration of a maintenance award could no more be based on the college expenses of an emancipated child than could the monthly amount, the trial court erred only in adding four additional years of maintenance, based solely on anticipated college expenses.
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| Brown Sprinkler Corp. v. Plumbers Supply Co., NO. 2006-CA-001667-MR,
COURT OF APPEALS OF KENTUCKY, September 21, 2007, Rendered
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Overview: Trial court did not err by concluding that a retailer successfully disclaimed its implied warranty obligations under Ky. Rev. Stat. Ann. § 355.2-316(2) because, inter alia, the warranty disclaimer was located on the front of the invoice in readable size print and was printed in a type size that contrasted with the remaining printed information.
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| Bush v. Commonwealth, NO. 2006-CA-001372-MR,
COURT OF APPEALS OF KENTUCKY, September 21, 2007, Rendered
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Overview: Trial court was without jurisdiction to decide appellant's Ky. R. Crim. P. 11.42 motion for post-conviction relief because the motion was not filed within three years of the date the judgment became final, 21 days after the judgment was affirmed on appeal, and was untimely. Further, none of the elements required to toll the statute were met.
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| Clark v. Clark, NO. 2005-CA-002502-MR,
COURT OF APPEALS OF KENTUCKY, September 21, 2007, Rendered
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Overview: Because the trial court improperly relied on charity as a basis upon which to reduce an ex-wife's permanent monthly maintenance, and the award ensured that she would be required to depend indefinitely on the generosity of others to meet her basic need for shelter, the matter was remanded to consider the factors in Ky. Rev. Stat. Ann. § 403.200(2).
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| Elmore v. Commonwealth, NO. 2006-CA-001455-MR,
COURT OF APPEALS OF KENTUCKY, September 21, 2007, Rendered
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Overview: Sentence was vacated as ambiguity in plea agreement was resolved against Commonwealth. Plea agreement providing that if appellant's sentence was probated by Jefferson County, sentence in Shelby County would likewise be probated, required imposition of probated sentence identical to that imposed by Jefferson Circuit Court.
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| Kenney v. Hanger Prosthetics & Orthotics, Inc., NO. 2006-CA-000939-MR,
COURT OF APPEALS OF KENTUCKY, September 21, 2007, Rendered
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Overview: Former employee could not amend complaint to add interference with prospective contractual relations claim, as it was same as tortious interference with prospective advantage, on which summary judgment was granted. Breach of contract claim failed to survive summary judgment, as employee was not entitled to bonus or commission after resignation.
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| M.B. v. D.W., NO. 2006-CA-002285-ME,
COURT OF APPEALS OF KENTUCKY, September 21, 2007, Rendered
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Overview: Grant of petition for adoption without consent of biological father, who had undergone gender reassignment surgery, was upheld where, inter alia, evidence showed child suffered major depression, suicidal ideation, a decline in school performance, and withdrawn behavior; child also testified she felt abandoned and like she did not have a father.
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| Simpson v. Franklin Ins. Agency, Inc., NO. 2007-CA-000578-WC,
COURT OF APPEALS OF KENTUCKY, September 21, 2007, Rendered
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Overview: Unrebutted medical evidence established that a claimant's bladder and sexual dysfunction were caused by her work-related injury. The ALJ could disbelieve this unrebutted medical evidence, but as he failed to provide a sufficient explanation for his disbelief, a new hearing was required on the workers' compensation claim.
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| State Bd. of Physical Therapy v. Dubin Orthopaedic Ctr., Inc., NO. 2006-CA-001173-MR,
COURT OF APPEALS OF KENTUCKY, September 21, 2007, Rendered
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Overview: While a doctor could utilize the same or similar treatment modalities as a physical therapist, he could not refer to the treatment as physical therapy or bill for physical therapy services. As such, an orthopedic center's utilization of two physical therapy billing codes by the doctor violated Ky. Rev. Stat. Ann. § 327.020.
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