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  • Monday, April 17, 2017

    K.C.O. V. CABINET FOR HEALTH AND FAMILY SERVICES, ET AL.

    Trial Court awarded grandparent visitation to paternal grandparents in a DNA action. Paternal grandparents had not filed a Petition to intervene or requested visitation. Parents appealed. The Court of Appeals vacated the grandparent visitation order holding that a Trial Court may not sua sponte award grandparent visitation in a DNA proceeding, noting the court had no jurisdiction over grandparents, there was no clear and convincing proof grandparent visitation was in the child’s best interest, and reiterating the Troxel presumption that “it is presumed a parent who is fit acts in his or her child’s best interest.”

     

    Digested by Elizabeth M. Howell

     

  • Monday, March 27, 2017

    ETSCORN V. ESTCORN, ET AL.

     

    Wife believed Husband transferred marital property to his sons to deprive her of the marital estate. Wife filed an amended Petition in an attempt to join the sons and business to the dissolution action. The sons and the business moved to be dismissed. The trial court dismissed and state it was “final and appealable with no just cause for delay.” Wife filed a motion to alter, amend, or vacate, which was denied.

     

    Later, Wife filed a motion to add the sons and business as indispensable parties. The trial court, over objections, added them as parties, but ultimately granted summary judgment. Wife appealed the Order granting summary judgement.

     

    The Court of Appeals dismisses the appeal holding that “because the sons were dismissed with prejudice pursuant to a final and appealable order that was never appealed, the trial court was...

  • Thursday, March 23, 2017

    JUDE WEBER V. THOMAS FRANCIS LAMBE

    The trial court awarded maintenance based on its finding that Wife’s reasonable living expenses totaled $5,800 monthly, including $1,440 of the children’s living expenses. Accordingly, Husband was ordered to pay maintenance. Husband was also ordered to pay an additional $15,000 for wife’s attorney fees based on an imbalance in financial resources.

     

    Both parties appealed. The Court of Appeals held that the trial court erred by including the children’s expenses in its calculation of wife’s reasonable living expenses and in failing to make findings justifying its award of nine years of maintenance, but upheld the trial court’s ruling on attorney fees. The Supreme Court granted discretionary review.

     

    Wife argues the trial court properly considered the children’s expenses in calculating her maintenance award. The Supreme Court agrees...

  • Tuesday, March 21, 2017

    CALHOUN V. WOOD

    Appellant appealed an Interpersonal Protective Order (“IPO”) arguing the trial’s courts finding that stalking occurred was not supported by the evidence. Although the IPO had expired rendering the appeal moot, the Court of Appeals held that as IPOs are almost identical to DVOs the case meets the “collateral consequences” exception to mootness set out in Caudill v. Caudill, 318 S.W.3d 112 (Ky. App. 2010). The Court then turns to Appellant’s claim finding it lacks merit as the trial court properly entered an IPO because Appellant’s action’s met the KRS 508.130 definition of stalking and “satisfied the elements of second degree stalking, as set forth in KRS 508.150(1).”

    Digested by Elizabeth M. Howell

     

     

  • Tuesday, March 7, 2017

     

    HARVEY V. ROBINSON

     

    Wife and Husband’s divorce was finalized in 2002 at which time Wife was awarded the marital home and property valued at $856,000. At that time, Husband was ordered to return the landscape around the home to an appropriate residential landscape, as he had business equipment on the property. There is no dispute that Husband removed his business equipment.

     

    In 2015, Wife discovered “waste material” on the marital home property that “had caused remediation of the land” causing her to lose $250,000 in the sale of the 3.5 million dollar home. Wife filed a motion with the trial court asking Husband to compensate her for the diminution in value. The trial court denied Wife’s motion finding as a matter of law and fact that the 2002 Order...

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