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Transmutation of Nonmarital Property and Division of Personal Property by Lot - Ky Supreme Court Published Opinion

ALBERT W. BARBER, III V. ELIZABETH D. BRADLEY

 

Husband appealed to the Court of Appeals arguing the trial court erred by finding the equity in the parties’ residence was marital property and ordering the division of household goods and furnishings by lot. The Court of Appeals affirmed the trial court. The Supreme Court granted discretionary review.

 

Attorney an Indispensable Party to Appeal Contesting the Fee Award - Ky Court of Appeals Published Opinion

FINK V. FINK

Husband filed an appeal of an award of attorney fees, but failed to name Wife’s attorney as a party. As the fee award was “ordered paid directly to the attorney, the attorney ‘may enforce the order in his own name’ and, thus is the real party in interest and a necessary and indispensable party to any appeal from that order.”

Michelle Eisenmenger Mapes Granted AAML Fellowship

We are thrilled to announce that our partner, Michelle Eisenmenger Mapes has been admitted to the Academy of Matrimonial Lawyers. Congratulations on this well-earned honor! 

Termination of Parental Rights, Published Opinion from Ky Court of Appeals

K. M.J. V. CABINET FOR HEALTH AND FAMILY SERVICES, COMMONWEALTH OF KENTUCKY, ET AL.

Mother appeals from termination of her parental rights. After the hearing the trial court "deferred the matter" and conducted a further hearing four months later. Mother argued the trial court was required to either terminate her rights or dismiss the Cabinet’s Petition for Termination pursuant to KRS 635.090, which provides:

Ky Court of Appeals Published Family Law Opinion: DVO, Castle Doctrine Threat, Hearsay,Closing Argument

GIBSON V. CAMPBELL-MARLETTA

Former husband appeals entry of a DVO arguing the trial court improperly relied on his threats to utilize the castle doctrine, a statutory right. The Court of Appeals agrees with the trial court that the Castle doctrine argument is disingenuous in this context. Former wife did not forcibly or unlawfully enter ex-husband’s home, nor was he home when she was there.

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