Tag

Civil Procedure and Local Rules
KEITH V. KEITH Family court dissolved the marriage of Husband and Wife with three children after a DRC recommendation and evidentiary hearing. Each party filed exceptions to the DRC report, the Court sustained one and overruled the rest. Wife raised several issues on appeal. First, Wife argues that the DRC improperly adopted the findings and...
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JONES V. LIVESAY After dissolution of marriage proceeding, Wife appealed on four issues. The Court of Appeals begins with a lengthy discussion of substantial compliance because Wife failed to follow the Civil Rules. First, Wife argues that “the visitation schedule is improper and should be set aside.” As she did not advance a substantive argument...
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Update: Opinion withdrawn BAAS V. BAAS Husband and Wife entered into a bullet-pointed informal mediated agreement. Wife signed based on the mediators representations that a tax credit Wife would receive in the agreement offset the difference in Wife’s valuation and Husband’s valuation of his businesses. When Husband’s attorney put together a formal agreement, Wife refused...
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BENSON V. LIVELY Girlfriend obtained a DVO against boyfriend which the family court later renewed. In the order renewing the court failed to check the box prohibiting firearm ownership. The family court later fixed the clerical error checking the box prohibiting firearms. Boyfriend appealed arguing that the court “improperly entered a DVO instead of an...
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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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NAVE V. FEINBERG, PHD., ET AL. Kentucky courts continue to hold that court-appointed custodial evaluators are entitled to quasi-judicial immunity.
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BAIZE V. PEAK Trial court granted Father primary custody after a hearing. The trial court made findings including that mother moved frequently causing the child to change schools four times in one academic year. Mother appealed arguing the trial court “ improperly considered her personal life” and failed to make the factual findings required by...
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MOORE V. MOORE Trial Court held a bifurcated DVO hearing on a severe domestic violence incident between Husband and Wife. At the first hearing, Wife testified she was afraid of Husband and gave detailed testimony about the violent incident. After contact with Husband’s family, at the second hearing, Wife read a statement asking the Trial...
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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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BROOKS V. BYRD Mother filed an appeal from a custody order while a post-judgment motion was pending. After the filing of the appeal, the trial court ruled on the post-judgment motion entering findings of facts, conclusions of law, and a custody/visitation order. Mother did not amend her notice of appeal and the post-judgment documents were...
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