Commonwealth of Kentucky Court of Appeals

Size: px
Start display at page:

Download "Commonwealth of Kentucky Court of Appeals"

Transcription

1 RENDERED: MAY 8, 2015; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO CA MR STEVEN WILDT APPELLANT APPEAL FROM JEFFERSON FAMILY COURT v. HONORABLE DOLLY W. BERRY, JUDGE ACTION NO. 13-CI PATRICIA WILDT APPELLEE OPINION AFFIRMING IN PART, VACATING IN PART, AND REMANDING ** ** ** ** ** BEFORE: COMBS, J. LAMBERT, AND STUMBO, JUDGES. COMBS, JUDGE: Steven Wildt appeals from an order of the Jefferson Family Court denying his motion to alter, amend, or vacate its judgment and order that had divided between the parties the proceeds of personal injury settlements

2 designated by the court as marital property. After our review, we affirm in part, vacate in part, and remand for further proceedings. Steven and Patricia Wildt were married on July 7, Three children were born of the marriage; two are now emancipated. The parties separated on January 1, 2013, and Patricia petitioned for dissolution of the marriage on February 1, Patricia is an electrical engineer earning about $8, per month. Steven is permanently disabled as a result of a 1997 automobile accident. He receives a monthly Social Security disability benefit of $954 and an additional sum of $438 per month as part of a structured settlement. After their separation, the parties agreed on all issues relating to the custody and support of their minor child. They also stipulated to a division of their personal property and Patricia s retirement accounts and pension benefit. At trial, Steven introduced evidence pertaining to the severity of the injuries that he had sustained as a result of the automobile accident in August His evidence established that he received short-term disability payments on a policy provided through his employer from the date of the accident until February 1, 1998, when his long-term disability payments began. Steven filed an action against the disability insurer when the payments terminated in April The parties settled this claim for $30, As a consequence of the accident, Steven was also awarded Social Security disability benefits in March He received a lump-sum payment of $16,

3 to compensate him retroactively for the disability. Additionally, Steven received basic reparation benefits, half of which, maybe $6, or so went towards lost wages and the rest towards his medical bills. Steven also filed a personal injury action against the tortfeasor. He settled that claim in 2001 for $185, From this settlement, Steven paid his costs and attorney fees as well as some medical bills. He also funded a structured settlement annuity. The release recited that the payment: includes, but is not limited to, all recoverable out-ofpocket expenses, attorney fees, all medical liens, all rights of recovery, all medical subrogation claims except PIP from State Farm, all Worker Compensation subrogation claims, known and unknown, and claims for general damages. Steven s attorney testified that the phrase claims for general damages in the release referred to pain and suffering. Steven used $80, of the settlement proceeds to pay off the mortgage on the marital residence. Steven s attorney indicated that he believed that the value of Steven s claim for pain and suffering exceeded $800, Since the tortfeasor s insurance was insufficient to compensate him fully, Steven filed an underinsured claim against his own insurer. That claim was eventually settled for an additional $50, Steven s attorney testified that Steven was compensated for his lost wages through the disability payments, PIP payments, and Social Security benefits. His medical bills were paid from the settlement with the tortfeasor. -3-

4 In April 2012, following another motor vehicle accident, Steven was awarded $42, from a settlement with the tortfeasor. The release provided that in exchange for the settlement, Steven was releasing the defendant from: any and all claims, actions, causes of actions, demands, rights, damages, costs, loss of wages, expenses, hospital and medical expenses, accrued or unaccrued claims for loss of consortium, loss of support or affection, loss of society and companionship, attorney s fees and punitive damages. Eventually, $35, of the net recovery was deposited into a joint savings account. After Patricia filed the petition for divorce, Steven withdrew $25, that remained in the account. Relying on the court s decision in Weakley v. Weakley, 731 S.W.2d 243 (Ky. 1987), Steven contended that the compensation that he had received from the personal injury settlements was meant for his pain and suffering and, consequently, constituted his nonmarital property. Steven argued that the court should have set aside as his separate property the value of the mortgage payoff, the $25, that he withdrew from the joint savings account, and $4,920 in cash on hand. In the alternative, he argued that some portion of the 2001 settlement attributable to an impairment of his ability to earn money should also have a nonmarital component that should have been set aside to him based upon his life expectancy. In general, the character of the proceeds of a settlement of a legal claim will be determined based upon when the underlying claim arose and the purpose for which the judgment or settlement was awarded. See Maclean v. Middleton,

5 S.W.3d 755 (Ky. App. 2014). Based upon the evidence presented, the family court concluded that Steven failed to prove that the value of the settlement proceeds that he sought could be characterized as his nonmarital property. Instead, the court found that [Steven s] contribution was in lieu of money he would have earned over the course of years and brought into the marriage had he not been injured money that would have been applied to the mortgage as well as other family expenses. In its final judgment, the trial court awarded Patricia personal property valued at $31,277; an equalization payment from Steven of $25,500; half of her retirement accounts; half of the value of the parties bank accounts; and half of the equity in the marital residence. Steven was awarded personal property valued at $20,755; half of Patricia s retirement accounts; half of the value of the bank accounts; and half of the equity in the marital residence. The trial court also awarded Steven permanent maintenance in the amount of $1,617 per month and a portion of his attorney s fees. On February 28, 2014, Steven filed a motion to alter, amend, or vacate. He argued that the family court had erred by failing to assign to him as his nonmarital property the value of the personal injury settlements. He contended that the proof submitted in support of his claim to the settlement proceeds showed that the settlements were intended to compensate him for pain and suffering. Alternatively, he argued that the proof supported his claim that the settlements were intended to compensate him for loss of earnings and impairment of his ability to earn money, -5-

6 in part, for a period following the parties divorce. On April 2, 2014, the family court denied the motion. This appeal followed. On appeal, Steven first contends that the family court erred by concluding that the evidence presented did not establish what portion of the personal injury settlements was intended to compensate him for his pain and suffering. Patricia argues that the family court correctly determined what types of damages the settlements represented and that the proceeds were properly characterized as marital property under the provisions of Kentucky Revised Statute[s] (KRS) Pursuant to KRS (2), all property acquired by either spouse subsequent to the marriage is marital property -- other than the types of property specifically excepted by the provision. A party claiming that property acquired during the marriage to be nonmarital bears the burden of proof. Terwilliger v. Terwilliger, 64 S.W.3d 816 (Ky. 2002). On appeal, [w]hether certain property is part of the marital estate subject to division presents a question of law that we decide without deference to the trial court s decision. Overstreet v. Overstreet, 144 S.W.3d 834 (Ky. App. 2003). In Weakley, 731 S.W.2d at 243, , the Supreme Court of Kentucky observed as follows: When [a personal] injury occurs during the marriage, the recovery allowable for loss of wages and permanent impairment of the power to earn money is, in many respects, similar to a workers' compensation award. It is a replacement for the ability of the injured party to earn -6-

7 money that otherwise would have been earned during the marriage. Both the injured party and the spouse of the injured party had an expectation that those earnings would have continued but for the injury. Loss, during the marriage, of ability to earn money which otherwise would have been earned during the marriage is a loss to the marital estate. To the extent that a personal injury award for loss of earnings and permanent impairment of ability to earn money is applicable to the years while the marriage existed, it is marital property. To the extent that the award can be prorated to the remaining years of life expectancy following the dissolution of the marriage, it is nonmarital. However, any portion of the recovery which constitutes damages for pain and suffering must stand on a different footing because it is in no sense the replacement of earnings that otherwise would have accrued during the marriage. As a matter of fairness it does not seem right that upon the dissolution of the marriage one of the parties should be rewarded because the other party had the misfortune to suffer painful injuries as a result of an accident. The law does not require such a result. Even when the injury occurs during the marriage, the injured party, prior to marriage, was free of the pain for which damages are awarded. The pain-free physical condition which existed before the marriage is exchanged for a condition burdened with pain. We consider KRS (2) applicable, and hold that as to pain and suffering resulting from an injury sustained during the marriage, the injured party has simply exchanged property acquired before the marriage, i.e., good health, free from pain, for the money received as compensation for the loss. * * * * -7-

8 We do not attempt to decide here the proper procedure for the allocation between marital and nonmarital property of a personal injury award for an injury sustained during the marriage where the settlement or judgment does not indicate what portion of the award applies to earning capacity and what portion is allocated to pain and suffering. According to the evidence presented, Steven s original disability insurance payments replaced only half of his income. His eventual settlement with the disability carrier resulted in his recovery of only a fraction of the benefits to which he had claimed to be entitled. There was also evidence to indicate that the parties incurred significant out-of-pocket medical expenses in connection with Steven s medical care from the time of his first accident. The family court concluded that an apportionment of the settlement funds with respect to lost wages, pain and suffering, and other types of damages was not required under these circumstances because the funds were meant to compensate the marital estate. Based upon the evidence, we cannot agree that the findings of the family court were clearly erroneous or that it erred in its application of the law to those facts. Additionally, the family court did not err by finding that Steven failed to meet his burden of proving that the settlement proceeds were intended to compensate him for his pain and suffering. Instead, the value of the personal injury settlements that Steven sought to have characterized as his nonmarital property was used to compensate the marital estate for losses caused by his accidents. Therefore, it is properly characterized as marital property subject to division. -8-

9 Nonetheless, we are persuaded that the family court omitted to determine which part, if any, of the settlement proceeds compensated Steven for the loss of his ability to earn money post-dissolution. To the extent that the award can be prorated to the remaining years of life expectancy following the dissolution of the marriage, it is nonmarital. Weakley, 731 S.W.2d at 244. Therefore, we must vacate and remand on that issue. After prorating the settlement funds as directed, the family court may also need to reevaluate the terms of its maintenance order on remand. The judgment of the Jefferson Family Court is affirmed in part, vacated in part, and remanded for further proceedings as directed by this opinion. ALL CONCUR. BRIEF FOR APPELLANT: Mary Janice Lintner Louisville, KY BRIEF FOR APPELLEE: Melanie Straw-Boone Louisville, KY -9-

How To Divide Money Between A Husband And Wife

How To Divide Money Between A Husband And Wife RENDERED: FEBRUARY 8, 2008; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth Of Kentucky Court of Appeals NO. 2006-CA-002347-MR DEBRA LYNN FITZGERALD APPELLANT APPEAL FROM WARREN CIRCUIT COURT v. HONORABLE

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: MAY 14, 2010; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2009-CA-000282-MR AND NO. 2009-CA-000334-MR BRIAN G. SULLIVAN APPELLANT/CROSS-APPELLEE APPEAL AND CROSS-APPEAL

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: MAY 8, 2009; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2007-CA-001800-MR PROGRESSIVE MAX INSURANCE COMPANY APPELLANT APPEAL FROM JEFFERSON CIRCUIT COURT v.

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: OCTOBER 12, 2012; 10:00 A.M. TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2011-CA-001454-MR TAMRA HOSKINS APPELLANT APPEAL FROM LINCOLN CIRCUIT COURT v. HONORABLE JEFFREY T.

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: JANUARY 22, 2010; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2009-CA-000566-MR TOM COX APPELLANT APPEAL FROM LAUREL CIRCUIT COURT v. HONORABLE JOHN KNOX MILLS,

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: DECEMBER 18, 2015; 10:00 A.M. TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2013-CA-001523-MR ROBERT TODD SHOWN APPELLANT APPEAL FROM OHIO CIRCUIT COURT HONORABLE RONNIE C. DORTCH,

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: FEBRUARY 6, 2015; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2013-CA-002027-MR KELLY NOBLE, JR. APPELLANT APPEAL FROM BREATHITT CIRCUIT COURT FAMILY COURT DIVISION

More information

RENDERED: JUNE 14, 2002; 2:00 p.m. NOT TO BE PUBLISHED NO. 2001-CA-001138-MR

RENDERED: JUNE 14, 2002; 2:00 p.m. NOT TO BE PUBLISHED NO. 2001-CA-001138-MR RENDERED: JUNE 14, 2002; 2:00 p.m. NOT TO BE PUBLISHED C ommonwealth Of K entucky Court Of A ppeals NO. 2001-CA-001138-MR ATLANTA SPECIALTY INSURANCE COMPANY APPELLANT APPEAL FROM MONTGOMERY CIRCUIT COURT

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: AUGUST 14, 2015; 10:00 A.M. NOT TO BE PUBLISHED OPINION OF APRIL 10, 2015, WITHDRAWN Commonwealth of Kentucky Court of Appeals NO. 2013-CA-001214-MR & NO. 2013-CA-001253-MR JILL LEANN STANLEY,

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: DECEMBER 7, 2012; 10:00 A.M. NOT TO BE PUBLISHED ORDERED PUBLISHED FEBRUARY 8, 2013; 10:00 A.M. Commonwealth of Kentucky Court of Appeals NO. 2011-CA-000990-MR RANDY PEZZAROSSI APPELLANT APPEAL

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: APRIL 5, 2013; 10:00 A.M. TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2011-CA-002258-MR KYLE MEDLIN APPELLANT APPEAL FROM JEFFERSON CIRCUIT COURT v. HONORABLE A. C. MCKAY CHAUVIN,

More information

RENDERED: JULY 19, 2002; 10:00 a.m. NOT TO BE PUBLISHED NO. 2001-CA-000345-MR

RENDERED: JULY 19, 2002; 10:00 a.m. NOT TO BE PUBLISHED NO. 2001-CA-000345-MR RENDERED: JULY 19, 2002; 10:00 a.m. NOT TO BE PUBLISHED C ommonwealth Of K entucky Court Of A ppeals NO. 2001-CA-000345-MR CECILIA WINEBRENNER; and J. RICHARD HUGHES, Administrator of the Estate of DANIELLE

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: JUNE 28, 2013; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2012-CA-000660-MR BONITA BEAUMONT APPELLANT APPEAL FROM JEFFERSON CIRCUIT COURT v. HONORABLE BARRY

More information

RENDERED: DECEMBER 20, 2002; 10:00 a.m. NOT TO BE PUBLISHED NO. 2001-CA-002498-MR OPINION AFFIRMING ** ** ** ** **

RENDERED: DECEMBER 20, 2002; 10:00 a.m. NOT TO BE PUBLISHED NO. 2001-CA-002498-MR OPINION AFFIRMING ** ** ** ** ** RENDERED: DECEMBER 20, 2002; 10:00 a.m. NOT TO BE PUBLISHED C ommonwealth Of K entucky Court Of A ppeals NO. 2001-CA-002498-MR ALICE STANIFORD APPELLANT APPEAL FROM JOHNSON CIRCUIT COURT v. HONORABLE DANIEL

More information

I N T H E COURT OF APPEALS OF INDIANA

I N T H E COURT OF APPEALS OF INDIANA MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: JULY 17, 2009; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2007-CA-002387-MR GERALD L. CLAXON APPELLANT APPEAL FROM GREENUP CIRCUIT COURT v. HONORABLE JEFFREY

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: JUNE 1, 2012; 10:00 A.M. TO BE PUBLISHED MODIFIED: JUNE 22, 2012; 10:00 A.M. Commonwealth of Kentucky Court of Appeals NO. 2010-CA-001777-MR DEVON LITSEY APPELLANT APPEAL FROM JEFFERSON CIRCUIT

More information

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs, November 13, 2009

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs, November 13, 2009 IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs, November 13, 2009 DANA FOUST BOCHETTE v. MICHAEL LOUIS BOCHETTE Appeal from the Circuit Court for Wilson County No. 5601DVC Hon. Clara

More information

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2006).

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2006). This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2006). STATE OF MINNESOTA IN COURT OF APPEALS A07-0757 In re the Marriage of: Anna M. Mailatyar,

More information

Illinois Official Reports

Illinois Official Reports Illinois Official Reports Appellate Court Acuity v. Decker, 2015 IL App (2d) 150192 Appellate Court Caption ACUITY, Plaintiff-Appellant, v. DONALD DECKER, Defendant- Appellee (Groot Industries, Inc., Defendant).

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: FEBRUARY 25, 2011; 10:00 A.M. NOT TO BE PUBLISHED SUPREME COURT ORDERED PUBLISHED: MARCH 14, 2012 (FILE NO. 2011-SC-000171-D) Commonwealth of Kentucky Court of Appeals NO. 2008-CA-000449-MR KENTUCKY

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: AUGUST 30, 2013; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2012-CA-000815-MR JOSEPH B. ZEHNER, M.D. APPELLANT APPEAL FROM LOGAN CIRCUIT COURT v. HONORABLE TYLER

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: MARCH 14, 2008; 2:00 P.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2007-CA-001304-MR DONALD T. CHRISTY APPELLANT v. APPEAL FROM MASON CIRCUIT COURT HONORABLE STOCKTON

More information

Commonwealth Of Kentucky. Court of Appeals

Commonwealth Of Kentucky. Court of Appeals RENDERED: DECEMBER 2, 2005; 2:00 P.M. NOT TO BE PUBLISHED Commonwealth Of Kentucky Court of Appeals NO. 2004-CA-002130-MR BETTY HUNSAKER AND PEGGY GREER APPELLANTS APPEAL FROM LETCHER CIRCUIT COURT v.

More information

Commonwealth Of Kentucky. Court of Appeals

Commonwealth Of Kentucky. Court of Appeals RENDERED: JULY 9, 2004; 10:00 a.m. TO BE PUBLISHED Commonwealth Of Kentucky Court of Appeals NO. 2003-CA-001285-MR HORACE B. SMITH, ADMINISTRATOR OF THE ESTATE OF VICKIE L. RICE APPELLANT APPEAL FROM JEFFERSON

More information

RENDERED: FEBRUARY 8, 2008; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2006-CA-000917-MR

RENDERED: FEBRUARY 8, 2008; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2006-CA-000917-MR RENDERED: FEBRUARY 8, 2008; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2006-CA-000917-MR BILLY TANNER APPELLANT v. APPEAL FROM JEFFERSON CIRCUIT COURT HONORABLE MARTIN

More information

In the Missouri Court of Appeals Eastern District

In the Missouri Court of Appeals Eastern District In the Missouri Court of Appeals Eastern District DIVISION THREE GARY GERVICH, Deceased and ) No. ED94726 DEBORAH GERVICH, ) ) Appeal from the Labor and Appellant, ) Industrial Relations Commission ) vs.

More information

INJURY SETTLEMENTS ARE USUALLY COMMUNITY PROPERTY IN A TEXAS DIVORCE

INJURY SETTLEMENTS ARE USUALLY COMMUNITY PROPERTY IN A TEXAS DIVORCE INJURY SETTLEMENTS ARE USUALLY COMMUNITY PROPERTY IN A TEXAS DIVORCE by Greg Enos February 2014 A spouse s recovery for an injury claim is usually community property because most settlements mix all of

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA FOR PUBLICATION ATTORNEYS FOR APPELLANT: JOHN O. WORTH Worth Law Office Rushville, Indiana ATTORNEY FOR APPELLEE: JULIE A. NEWHOUSE Newhouse & Newhouse Rushville, Indiana RODNEY V. TAYLOR MICHAEL A. BEASON

More information

NO. COA12-1176 NORTH CAROLINA COURT OF APPEALS. Filed: 2 April 2013

NO. COA12-1176 NORTH CAROLINA COURT OF APPEALS. Filed: 2 April 2013 NO. COA12-1176 NORTH CAROLINA COURT OF APPEALS Filed: 2 April 2013 BOBBY ANGLIN, Plaintiff, v. Mecklenburg County No. 12 CVS 1143 DUNBAR ARMORED, INC. AND GALLAGER BASSETT SERVICES, INC., Defendants. Liens

More information

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

IN THE COMMONWEALTH COURT OF PENNSYLVANIA IN THE COMMONWEALTH COURT OF PENNSYLVANIA Karen Davis, No. 216 C.D. 2015 Petitioner Argued November 16, 2015 v. Workers Compensation Appeal Board (PA Social Services Union and Netherlands Insurance Company),

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: JULY 17, 2015; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2014-CA-002078-ME RACHEL MARIE THOMAS APPELLANT APPEAL FROM PULASKI CIRCUIT COURT v. HONORABLE RALPH

More information

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT. No. 08-1412. In re: GEORGE W. COLE, Debtor. CITY OF WILKES-BARRE, Appellant v.

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT. No. 08-1412. In re: GEORGE W. COLE, Debtor. CITY OF WILKES-BARRE, Appellant v. UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT NOT PRECEDENTIAL No. 08-1412 In re: GEORGE W. COLE, Debtor CITY OF WILKES-BARRE, Appellant v. ROBERT P. SHEILS, Jr., Trustee On Appeal from the United

More information

INNS OF COURT CHARLOTTESVILLE, VIRGINIA APRIL 8, 2010 RONALD R. TWEEL MICHIE HAMLETT LOWRY RASMUSSEN AND TWEEL, PLLC

INNS OF COURT CHARLOTTESVILLE, VIRGINIA APRIL 8, 2010 RONALD R. TWEEL MICHIE HAMLETT LOWRY RASMUSSEN AND TWEEL, PLLC INNS OF COURT CHARLOTTESVILLE, VIRGINIA APRIL 8, 2010 RONALD R. TWEEL MICHIE HAMLETT LOWRY RASMUSSEN AND TWEEL, PLLC THE INTERSECTION OF PERSONAL INJURY AND EQUITABLE DISTRIBUTION AWARDS: WHAT IS IT AND

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: MARCH 13, 2015; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2014-CA-000056-MR RAMONA SPINKS, EXECUTRIX OF THE WILL OF BENJAMIN SPINKS, DECEASED APPELLANT APPEAL

More information

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

IN THE COMMONWEALTH COURT OF PENNSYLVANIA IN THE COMMONWEALTH COURT OF PENNSYLVANIA Clyde Kennedy, : Petitioner : : v. : No. 1649 C.D. 2012 : Submitted: May 17, 2013 Workers Compensation Appeal : Board (Henry Modell & Co., Inc.), : Respondent

More information

2013 IL App (1st) 120898-U. No. 1-12-0898

2013 IL App (1st) 120898-U. No. 1-12-0898 2013 IL App (1st) 120898-U FOURTH DIVISION March 28, 2013 No. 1-12-0898 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances

More information

WORKER S COMPENSATION AWARDS: SEPARATE OR COMMUNITY PROPERTY. By Mitchell A. Jacobs and Robert Burch*

WORKER S COMPENSATION AWARDS: SEPARATE OR COMMUNITY PROPERTY. By Mitchell A. Jacobs and Robert Burch* WORKER S COMPENSATION AWARDS: SEPARATE OR COMMUNITY PROPERTY By Mitchell A. Jacobs and Robert Burch* In a case of first impression, Raphael v. Bloomfield 113 Cal.App.4th 617 (2003) (Second District) held

More information

STRUCTURED SETTLEMENTS

STRUCTURED SETTLEMENTS STRUCTURED SETTLEMENTS NORTH CAROLINA TRIAL JUDGES BENCH BOOK, SUPERIOR COURT, VOL. 2 (Civil), Structured Settlements, at pp. 4-7 (3d ed.) (Institute of Government 1999) A. THE APPROVAL HEARING 1. Plaintiff

More information

How To Get A Fee For A Workers Compensation Case In Kentucky

How To Get A Fee For A Workers Compensation Case In Kentucky RENDERED: MARCH 9, 2001; 2:00 p.m. NOT TO BE PUBLISHED C ommonwealth Of K entucky Court Of A ppeals NO. 2000-CA-000669-WC MICHAEL DARNELL DEVERS APPELLANT PETITION FOR REVIEW OF A DECISION v. OF THE WORKERS'

More information

THE SUPREME COURT OF NEW HAMPSHIRE IN THE MATTER OF KENNETH HEINRICH AND DOROTHY HEINRICH. Argued: October 18, 2012 Opinion Issued: November 9, 2012

THE SUPREME COURT OF NEW HAMPSHIRE IN THE MATTER OF KENNETH HEINRICH AND DOROTHY HEINRICH. Argued: October 18, 2012 Opinion Issued: November 9, 2012 NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Reporter, Supreme

More information

****************************************************** The officially released date that appears near the beginning of each opinion is the date the

****************************************************** The officially released date that appears near the beginning of each opinion is the date the ****************************************************** The officially released date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: AUGUST 14, 2009; 10:00 A.M. TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2008-CA-001475-MR AND NO. 2008-CA-001510-MR DANNY HAMILTON AND SUSAN HAMILTON APPELLANTS/CROSS-APPELLEES

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA FOR PUBLICATION ATTORNEYS FOR APPELLANT: FRED R. HAINS PETER M. YARBRO Hains Law Firm, LLP South Bend, Indiana IN THE COURT OF APPEALS OF INDIANA MARIA A. MITCHELL, ) ) Appellant-Respondent, ) ) vs. )

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: JANUARY 4, 2013; 10:00 A.M. TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2010-CA-000950-MR EVAN ROBERTS APPELLANT APPEAL FROM KENTON CIRCUIT COURT v. HONORABLE PATRICIA M. SUMME,

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS FARM BUREAU GENERAL INSURANCE COMPANY OF MICHIGAN, UNPUBLISHED August 20, 2015 Plaintiff/Counter-Defendant- Appellee, v No. 320710 Oakland Circuit Court YVONNE J. HARE,

More information

ALABAMA COURT OF CIVIL APPEALS

ALABAMA COURT OF CIVIL APPEALS REL: 12/09/2005 STATE FARM v. BROWN Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions,

More information

How To Defend A Claim Against Ford Motor Company

How To Defend A Claim Against Ford Motor Company RENDERED: MARCH 14, 2014; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2012-CA-000889-MR and NO. 2012-CA-001209-MR KEITHA DURHAM, Individually, and as Executrix of THE ESTATE

More information

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE. February 23, 1999 Plaintiff/Appellant, ) Bedford Chancery No. 20, 945 )

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE. February 23, 1999 Plaintiff/Appellant, ) Bedford Chancery No. 20, 945 ) IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE JANET LYNN HOBBS, ) ) VS. FILED February 23, 1999 Plaintiff/Appellant, ) Bedford Chancery No. 20, 945 ) Cecil Crowson, Jr. ) Appeal No. 01A01-9808-CH-00418

More information

Reports or Connecticut Appellate Reports, the

Reports or Connecticut Appellate Reports, the ****************************************************** The officially released date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal

More information

[Cite as Finkovich v. State Auto Ins. Cos., 2004-Ohio-1123.] COURT OF APPEALS OF OHIO, EIGHTH DISTRICT AND OPINION

[Cite as Finkovich v. State Auto Ins. Cos., 2004-Ohio-1123.] COURT OF APPEALS OF OHIO, EIGHTH DISTRICT AND OPINION [Cite as Finkovich v. State Auto Ins. Cos., 2004-Ohio-1123.] COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 83125 JOYCE L. FINKOVICH, Plaintiff-appellant vs. STATE AUTO INSURANCE COMPANIES,

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral

More information

S13G1048. CARTER v. PROGRESSIVE MOUNTAIN INSURANCE. This Court granted a writ of certiorari to the Court of Appeals in Carter

S13G1048. CARTER v. PROGRESSIVE MOUNTAIN INSURANCE. This Court granted a writ of certiorari to the Court of Appeals in Carter 295 Ga. 487 FINAL COPY S13G1048. CARTER v. PROGRESSIVE MOUNTAIN INSURANCE. HINES, Presiding Justice. This Court granted a writ of certiorari to the Court of Appeals in Carter v. Progressive Mountain Ins.,

More information

RENDERED: JULY 5, 2013; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2012-CA-000425-MR

RENDERED: JULY 5, 2013; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2012-CA-000425-MR RENDERED: JULY 5, 2013; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2012-CA-000425-MR MORNAN SUE ENGLISH APPELLANT APPEAL FROM JEFFERSON CIRCUIT COURT v. HONORABLE CHARLES

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: MAY 9, 2008; 2:00 P.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2007-CA-000960-MR ABBIE BROCK, INDIVIDUALLY; ABBIE BROCK, AS EXECUTRIX OF THE ESTATE OF WILEY BROCK, DECEASED

More information

No. 3--07--0175 APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2008

No. 3--07--0175 APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2008 No. 3--07--0175 Filed June 13, 2008 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2008 In re MARRIAGE OF CHRISTINE ANN ) Appeal from the Circuit Court TAKATA, ) of the 10th Judicial Circuit,

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: OCTOBER 17, 2014; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2012-CA-000288-MR DENNIS ANDERSON PARK LAKE APARTMENTS, LLC APPELLANT APPEAL FROM JEFFERSON CIRCUIT

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: MARCH 23, 2007; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2006-CA-000194-MR LAWRENCE WILLIAMS APPELLANT v. APPEAL FROM WHITLEY CIRCUIT COURT HONORABLE JERRY

More information

THE SUPREME COURT OF NEW HAMPSHIRE. APPEAL OF MICHAEL LANGENFELD (New Hampshire Compensation Appeals Board)

THE SUPREME COURT OF NEW HAMPSHIRE. APPEAL OF MICHAEL LANGENFELD (New Hampshire Compensation Appeals Board) NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Reporter, Supreme

More information

Commonwealth Of Kentucky. Court of Appeals

Commonwealth Of Kentucky. Court of Appeals RENDERED: DECEMBER 5, 2003; 2:00 p.m. NOT TO BE PUBLISHED Commonwealth Of Kentucky Court of Appeals NO. 2002-CA-001497-MR SHARON JO ANN HARRISON APPELLANT APPEAL FROM CHRISTIAN CIRCUIT COURT v. HONORABLE

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: OCTOBER 11, 2013; 10:00 A.M. TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2012-CA-002074-MR KINDRED HEALTHCARE, INC.; KINDRED NURSING CENTERS LIMITED PARTNERSIP, D/B/A HILLCREST

More information

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT THE HARTFORD INSURANCE COMPANY, Appellant, v. Case No. 2D08-1307

More information

No. 64,990. [April 25, 1985] We have for review Aetna Insurance Co. v. Norman, 444. So.2d 1124 (Fla. 3d DCA 1984), based upon express and direct

No. 64,990. [April 25, 1985] We have for review Aetna Insurance Co. v. Norman, 444. So.2d 1124 (Fla. 3d DCA 1984), based upon express and direct No. 64,990 AETNA INSURANCE COMPANY, Petitioner, v. JAMES NORMAN and NATALIE NORMAN, his wife, Respondents. [April 25, 1985] McDONALD, J. We have for review Aetna Insurance Co. v. Norman, 444 So.2d 1124

More information

No. 1-11-1354 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT

No. 1-11-1354 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT 2012 IL App (1st 1111354-U SIXTH DIVISION April 20, 2012 No. 1-11-1354 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances

More information

Reports or Connecticut Appellate Reports, the

Reports or Connecticut Appellate Reports, the ****************************************************** The officially released date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal

More information

906 Olive Street, Suite 420 St. Louis, MO 63101 314.241.2481 www.askarcher.com 1

906 Olive Street, Suite 420 St. Louis, MO 63101 314.241.2481 www.askarcher.com 1 A Word on MO Comp Subrogation First the Statute: By: Christopher T Archer, 2012 287.150. Subrogation 1. Where a third person is liable to the employee or to the dependents, for the injury or death, the

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: APRIL 3, 2015; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2014-CA-001137-WC BOBBY BISHOP APPELLANT PETITION FOR REVIEW OF A DECISION v. OF THE WORKERS COMPENSATION

More information

CASEY v. CASEY Court of Appeals of Arkansas No. CA 98-900, 1999 WL 138783 March 10, 1999

CASEY v. CASEY Court of Appeals of Arkansas No. CA 98-900, 1999 WL 138783 March 10, 1999 CASEY v. CASEY Court of Appeals of Arkansas No. CA 98-900, 1999 WL 138783 March 10, 1999 GRIFFEN, J. Meverine Casey appeals from a decision filed on March 31, 1998, by the Faulkner County Probate Court.

More information

IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON May 21, 2002 Session

IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON May 21, 2002 Session IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON May 21, 2002 Session THOMAS H. NELSON v. ROBIN L. NELSON Direct Appeal from the Chanery Court for Gibson County No. 15225 George Ellis, Chancellor No. W2001-01515-COA-R3-CV

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA FOR PUBLICATION ATTORNEYS FOR APPELLANT: RUDOLPH R. PYLE, III Indianapolis, Indiana DONALD L. HARDAMON Indianapolis, Indiana ATTORNEYS FOR APPELLEE: RANDALL L. JUERGENSEN RYAN K. JOHNSON Keller & Keller

More information

L,77Uyrrntr Courf of "PR 2009-SC-000219-WC

L,77Uyrrntr Courf of PR 2009-SC-000219-WC L,77Uyrrntr Courf of "PR RENDERED : OCTOBER 29, 2009 TO BE PUBLISHED BETTY J. SWEASY 2009-SC-000219-WC JtKw v.c. APPELLAN V ON APPEAL FROM COURT OF APPEALS CASE NO. 2008-CA-001571-WC WORKERS' COMPENSATION

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: JANUARY 15, 2010; 10:00 A.M. TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2008-CA-000763-MR COMMONWEALTH OF KENTUCKY APPELLANT APPEAL FROM JEFFERSON CIRCUIT COURT v. HONORABLE

More information

61.14 Enforcement and modification of support, maintenance, or alimony agreements or orders.--

61.14 Enforcement and modification of support, maintenance, or alimony agreements or orders.-- Florida Statutes 61.14 Enforcement and modification of support, maintenance, or alimony agreements or orders.-- (1)(a) When the parties enter into an agreement for payments for, or instead of, support,

More information

RENDERED: DECEMBER 16, 2011; 10:00 A.M. TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2010-CA-002019-MR COMMONWEALTH OF KENTUCKY

RENDERED: DECEMBER 16, 2011; 10:00 A.M. TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2010-CA-002019-MR COMMONWEALTH OF KENTUCKY RENDERED: DECEMBER 16, 2011; 10:00 A.M. TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2010-CA-002019-MR COMMONWEALTH OF KENTUCKY APPELLANT APPEAL FROM JEFFERSON CIRCUIT COURT v. HONORABLE

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA FOR PUBLICATION APPELLANT PRO SE: STEPHANIE DEEL Greenwood, Indiana ATTORNEY FOR APPELLEE: HENRY Y. DEIN Indianapolis, Indiana IN THE COURT OF APPEALS OF INDIANA STEPHANIE DEEL, ) ) Appellant-Petitioner,

More information

In the Missouri Court of Appeals Eastern District

In the Missouri Court of Appeals Eastern District In the Missouri Court of Appeals Eastern District DIVISION TWO FRANCIS GRAHAM, ) No. ED97421 ) Respondent, ) Appeal from the Circuit Court ) of St. Louis County vs. ) ) Honorable Steven H. Goldman STATE

More information

In re the Matter of: ROBIN LIN IULIANO, Petitioner/Appellant, CARL WLOCH, Respondent/Appellee. No. 1 CA-CV 13-0638

In re the Matter of: ROBIN LIN IULIANO, Petitioner/Appellant, CARL WLOCH, Respondent/Appellee. No. 1 CA-CV 13-0638 NOTICE: NOT FOR OFFICIAL PUBLICATION. UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE. IN THE ARIZONA COURT OF APPEALS DIVISION

More information

****************************************************** The officially released date that appears near the beginning of each opinion is the date the

****************************************************** The officially released date that appears near the beginning of each opinion is the date the ****************************************************** The officially released date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal

More information

2005-C -2496 CHARLES ALBERT AND DENISE ALBERT v. FARM BUREAU INSURANCE COMPANY, ET AL. (Parish of Lafayette)

2005-C -2496 CHARLES ALBERT AND DENISE ALBERT v. FARM BUREAU INSURANCE COMPANY, ET AL. (Parish of Lafayette) FOR IMMEDIATE NEWS RELEASE NEWS RELEASE # 0 FROM: CLERK OF SUPREME COURT OF LOUISIANA The Opinions handed down on the 17th day of October, 200, are as follows: PER CURIAM: 2005-C -249 CHARLES ALBERT AND

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: AUGUST 7, 2009; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2008-CA-001465-MR LAMONT ROBERTS APPELLANT APPEAL FROM JEFFERSON CIRCUIT COURT v. HONORABLE MARTIN

More information

SUPREME COURT OF APPEALS OF WEST VIRGINIA

SUPREME COURT OF APPEALS OF WEST VIRGINIA SUPREME COURT OF APPEALS OF WEST VIRGINIA January 2000 Term No. 26558 ANTHONY IAFOLLA, Plaintiff Below, Appellant v. THOMAS RAY TRENT, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF BRIAN KEITH ROBINETTE,

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: FEBRUARY 6, 2015; 10:00 A.M. TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2009-CA-002378-MR MICHAEL JOSEPH FLICK APPELLANT ON REMAND FROM THE KENTUCKY SUPREME COURT CASE NO.

More information

VIRGINIA ACTS OF ASSEMBLY -- 2015 SESSION

VIRGINIA ACTS OF ASSEMBLY -- 2015 SESSION VIRGINIA ACTS OF ASSEMBLY -- 2015 SESSION CHAPTER 585 An Act to amend and reenact 38.2-2206 of the Code of Virginia and to amend the Code of Virginia by adding in Article 7 of Chapter 3 of Title 8.01 a

More information

2013 IL App (5th) 120093WC-U NO. 5-12-0093WC IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT WORKERS' COMPENSATION COMMISSION DIVISION

2013 IL App (5th) 120093WC-U NO. 5-12-0093WC IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT WORKERS' COMPENSATION COMMISSION DIVISION NOTICE Decision filed 08/20/13. The text of this decision may be changed or corrected prior to the filing of a Petition for Rehearing or the disposition of the same. 2013 IL App (5th 120093WC-U NO. 5-12-0093WC

More information

In the Missouri Court of Appeals Western District

In the Missouri Court of Appeals Western District In the Missouri Court of Appeals Western District STEVE AUSTIN, Appellant, v. JOHN SCHIRO, M.D., Respondent. WD78085 OPINION FILED: May 26, 2015 Appeal from the Circuit Court of Clinton County, Missouri

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: JULY 19, 2013; 10:00 A.M. TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2012-CA-000354-MR LONNIE DALE RIGGS APPELLANT APPEAL FROM HARDIN CIRCUIT COURT v. HONORABLE KEN M. HOWARD,

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: NOVEMBER 5, 2010; 10:00 A.M. TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2009-CA-001056-MR WENDY W. BURTON APPELLANT APPEAL FROM HARLAN CIRCUIT COURT v. HONORABLE RUSSELL D.

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: AUGUST 9, 2013; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2012-CA-001808-WC FRANK J. CROUCHER APPELLANT PETITION FOR REVIEW OF A DECISION v. OF THE WORKERS

More information

Fourth Court of Appeals San Antonio, Texas

Fourth Court of Appeals San Antonio, Texas Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-13-00815-CV IN THE ESTATE OF Alvilda Mae AGUILAR From the Probate Court No. 2, Bexar County, Texas Trial Court No. 2012-PC-2802 Honorable

More information

2015 IL App (5th) 140230-U NO. 5-14-0230 IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT

2015 IL App (5th) 140230-U NO. 5-14-0230 IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT NOTICE Decision filed 09/30/15. The text of this decision may be changed or corrected prior to the filing of a Petition for Rehearing or the disposition of the same. 2015 IL App (5th) 140230-U NO. 5-14-0230

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: DECEMBER 7, 2012; 10:00 A.M. TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2011-CA-001336-MR KELLY POTTER, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF BRITTANI AMES, DECEASED;

More information

v. Jurisdiction Claim No. VA01002421333 KOONS OF TYSON CORNER, Employer PENN NATIONAL SECURITY INSURANCE COMPANY, Insurer

v. Jurisdiction Claim No. VA01002421333 KOONS OF TYSON CORNER, Employer PENN NATIONAL SECURITY INSURANCE COMPANY, Insurer VIRGINIA: IN THE WORKERS COMPENSATION COMMISSION SENAD SABIC, Claimant v. Jurisdiction Claim No. VA01002421333 Opinion by WILLIAMS Commissioner July 2, 2012 KOONS OF TYSON CORNER, Employer PENN NATIONAL

More information

WORKERS COMPENSATION BOARD Case No. App. Div. 13-0040 Decision No. 14-29. BRUCE OLESON (Appellant) v. INTERNATIONAL PAPER (Appellee)

WORKERS COMPENSATION BOARD Case No. App. Div. 13-0040 Decision No. 14-29. BRUCE OLESON (Appellant) v. INTERNATIONAL PAPER (Appellee) STATE OF MAINE APPELLATE DIVISION WORKERS COMPENSATION BOARD Case No. App. Div. 13-0040 Decision No. 14-29 BRUCE OLESON (Appellant) v. INTERNATIONAL PAPER (Appellee) and SEDGWICK CLAIMS MANAGEMENT SERVICE

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA FOR PUBLICATION ATTORNEYS FOR APPELLANT: DAVID L. TAYLOR THOMAS R. HALEY III Jennings Taylor Wheeler & Haley P.C. Carmel, Indiana ATTORNEY FOR APPELLEES: DOUGLAS D. SMALL Foley & Small South Bend, Indiana

More information

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS CAMDEN COUNTY. v. DOCKET NO. FM-04-605-13

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS CAMDEN COUNTY. v. DOCKET NO. FM-04-605-13 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS DAWN EVANS-DONOHUE, Plaintiff, SUPERIOR COURT OF NEW JERSEY CAMDEN COUNTY CHANCERY DIVISION v. DOCKET NO. FM-04-605-13 JOSEPH A. DONOHUE,

More information

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

IN THE COMMONWEALTH COURT OF PENNSYLVANIA IN THE COMMONWEALTH COURT OF PENNSYLVANIA Jay Ebersole, Administrator of the : Estate of Stephanie Jo Ebersole, : Deceased : : v. : No. 1732 C.D. 2014 : Argued: February 9, 2015 Southeastern Pennsylvania

More information

IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE. In re the Marriage of: ) 1 CA-CV 11-0664 )

IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE. In re the Marriage of: ) 1 CA-CV 11-0664 ) NOTICE: THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES. See Ariz. R. Supreme Court 111(c); ARCAP 28(c); Ariz. R. Crim. P. 31.24 IN THE COURT

More information

Commonwealth Of Kentucky Court of Appeals

Commonwealth Of Kentucky Court of Appeals RENDERED: OCTOBER 27, 2006; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth Of Kentucky Court of Appeals NO. 2005-CA-002095-MR DEBRA IRELAND APPELLANT APPEAL FROM JEFFERSON CIRCUIT COURT v. HONORABLE MARTIN

More information

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 03-987 **********

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 03-987 ********** STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 03-987 LAWANDA THEODILE VERSUS RPM PIZZA, INC. ********** APPEAL FROM THE OFFICE OF WORKERS' COMPENSATION - # 4 PARISH OF LAFAYETTE, NO. 03-02178 SHARON

More information