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Appeals
Clark v. Workman http://opinions.kycourts.net/coa/2019-CA-000805.pdf Father appealed Family Court’s child support order requiring him to pay child support to Mother. The Kentucky Court of Appeals first admonished the bar for noncompliance with the Rules of Appellate Procedure, describing the pervasiveness of the problem, which is continuously on the rise. Because Father’s brief violated at least 11...
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D.L.B. v. Commonwealth http://opinions.kycourts.net/coa/2019-CA-001168.pdf Father appealed a finding that he physically abused his son. The caption of Father’s notice of appeal listed “In re: [D.L.B., IV, a minor child” and “Commonwealth of Kentucky, Cabinet for Health and Family Services” as Petitioners. The body of the notice of appeal named Father as the appellant and “the...
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Ridgeway v. Warren http://opinions.kycourts.net/coa/2019-CA-001207.pdf Mother moved Family Court to enter an order allowing her to enroll Child at a private school due to Child experiencing academic difficulties in her parochial school, to apply for financial aid, and asking that Father be required to assist in the financial aid application process. Father objected, citing concerns, such...
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Winged Vicotry Statute
Cabinet for Health and Family Services v. H.C., et al.   In a dependency, neglect, and abuse action, the Family Court denied an indigent Mother’s request for expert funding from the indigent funding pool pursuant to KRS 31.185 and KRS 31.110, on November 9, 2017. On December 21, 2017, the Family Court entered a final...
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French v. French  Trial court modified a timesharing agreement to allow Mother more time with the parties’ minor child. Under the Trial Court’s Order, Father had visitation with the minor child from Monday at 6:00 p.m. until Wednesday at 6:00 p.m. and every other weekend from Friday at 6:00 p.m. until Monday at 6:00 p.m....
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W.L.F. v. Cabinet Trial court entered an order denying Father’s motion to place his minor child with him or to permit unsupervised visitation. Court of Appeals dismissed Father’s appeal because the order of the trial court was interlocutory as it did not preclude Father from seeking similar or expanded relief in the future. Digested By:...
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NUNLEY, ET AL. V. NEULING Grandparents filed a petition for grandparent visitation on June 27, 2012. They entered into an agreed order in the matter on July 24, 2012, which was set aside by order entered December 20, 2013. Grandparents filed a notice of appeal, but while that appeal was pending entered into two additional...
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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...
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HOFFMAN V. HOFFMAN The trial court entered an Order reducing maintenance which neither party received until twelve days after the Order was entered. Wife filed a motion to alter, amend, or vacate pursuant to CR 59.05, CR 60.01 or CR 60.02. The trial court found that no fault could be attributed to Wife for the...
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RETHERFORD V. MONDAY Mother argued on appeal that the trial court failed to make specific, independent findings of fact in a custody case. The trial court had nearly verbatim adopted the proposed findings submitted by Father. The Court of Appeals vacated the trial court judgment holding that cases involving children and families require strict compliance...
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