Commonwealth Of Kentucky. Court of Appeals

Size: px
Start display at page:

Download "Commonwealth Of Kentucky. Court of Appeals"

Transcription

1 RENDERED: DECEMBER 15, 2006; 2:00 P.M. NOT TO BE PUBLISHED Commonwealth Of Kentucky Court of Appeals NO CA MR ELEANOR JEAN HUNTON, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF BOBBY GENE HUNTON APPELLANT APPEAL FROM WARREN CIRCUIT COURT v. HONORABLE JOHN R. GRISE, JUDGE ACTION NO. 02-CI CITY OF BOWLING GREEN APPELLEE OPINION AFFIRMING ** ** ** ** ** BEFORE: DIXON AND TAYLOR, JUDGES; KNOPF, 1 SENIOR JUDGE. TAYLOR, JUDGE: Eleanor Jean Hunton, Individually and as Executrix of the Estate of Bobby Gene Hunton, brings this appeal from a June 13, 2005, summary judgment of the Warren Circuit Court dismissing her claim for negligent exposure to asbestos against the City of Bowling Green. We affirm. 1 Senior Judge William L. Knopf sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Constitution and Kentucky Revised Statutes (KRS)

2 In June 1964, the City of Bowling Green purchased real property in Warren County for the construction of a manufacturing plant for Cutler-Hammer, Inc. The City issued and sold 6.5 million dollars of revenue bonds to finance the purchase of the real estate and the construction of the plant. On June 1, 1964, the City and Cutler-Hammer entered into a lease agreement, wherein the City agreed to build the facility and Cutler-Hammer agreed to pay semi-annual rental payments. Bobby Gene Hunton worked for Cutler-Hammer in the maintenance department at the Bowling Green Plant from 1965 to While working at the plant, Bobby alleged he was exposed to asbestos from various products including pipe insulation and block insulation. Bobby eventually contracted mesothelioma caused by asbestos exposure. Bobby filed a complaint, inter alios, against the City claming he was exposed to asbestos at the Cutler-Hammer plant that caused his mesothelioma. During the pendency of the litigation, Bobby died and Eleanor Jean Hunton, Individually and as Executrix of the Estate of Bobby Gene Hunton, (Hunton) was substituted. On June 13, 2005, the circuit court entered summary judgment dismissing all claims against the City. 2 This summary 2 In the complaint and amended complaint, several other parties were named as defendants; however, these parties are not named in this appeal. -2-

3 judgment was final and appealable by order entered on September 14, This appeal follows. Hunton contends the circuit court committed error by entering summary judgment dismissing its claims against the City. Summary judgment is proper where there exists no material issue of fact and movant is entitled to judgment as a matter of law. Steelvest, Inc. v. Scansteel Service Center, Inc., 807 S.W.2d 476 (Ky. 1991). When reviewing a motion for summary judgment, all facts are to be viewed in a light most favorable to the nonmoving party. Id. For the reasons hereinafter explained, we are of the opinion that the circuit court properly entered summary judgment dismissing Hunton s claims against the City. Hunton attempts to hold the City liable for its alleged negligence in its capacity as a landlord. Specifically, Hunton argues: Bowling Green allowed Hunton to be exposed to asbestos on its property for over a decade during his employment in the maintenance department. Hunton s testimony describes his exposure to asbestos in detail. He was never warned about the dangers of asbestos and was not provided masks or respirators, even after OSHA began regulating asbestos exposure. Not only did Bowling Green owe a duty of ordinary care to Hunton under Kentucky law, Bowling Green breached this duty by allowing Hunton to be exposed to asbestos during his career. Hunton s Brief at

4 The law in this Commonwealth concerning landlord liability was recently set forth in Lambert v. Franklin Real Estate Co., 37 S.W.3d 770, (Ky.App. 2000): [A] landlord has a duty to disclose a known defective condition which is unknown to the tenant and not discoverable through reasonable inspection. Milby v. Mears, Ky.App., 580 S.W.2d 724, 728 (1979). However, [i]t has been a longstanding rule in Kentucky that a tenant takes the premises as he finds them. The landlord need not exercise even ordinary care to furnish reasonably safe premises, and he is not generally liable for injuries caused by defects therein. Milby at 728. [T]he landlord is under no implied obligation to repair the demised premises in the absence of a contract to that effect, nor is he responsible to a tenant for injuries to persons or property caused by defects therein, where there has been no reservation on the part of the landlord of any portion of the rented premises. In such cases the law applies to the contract or lease the doctrine of caveat emptor. Home Realty Co. v. Carius, 189 Ky. 228, 224 S.W. 751 (1920). Where the tenant is put in complete and unrestricted possession and control of the premises, as here, the landlord is liable only for the failure to disclose known latent defects at the time the tenant leases the premises. (Citation omitted.) In the summary judgment, the circuit court found that Cutler-Hammer was put in complete and unrestricted possession of the factory and that the City clearly relinquished complete and total possession of the premises while merely maintaining ownership. Hunton disagrees. He argues that the City maintained ownership and control over the plant. Hunton points -4-

5 to paragraph 8 of the lease agreement which required the City s approval before Cutler-Hammer could construct additions to the facility. Hunton also points to paragraph 11 of the agreement which required Cutler-Hammer to only substitute machinery with machinery of equal or greater value. Moreover, Hunton maintains that the City constructed the plant and much of the equipment was labeled Property of the City of Bowling Green. As the City was responsible for the construction of the plant, Hunton argues that it was also responsible for the installation and use of the asbestos containing products installed at the plant. Upon this issue, the circuit court specifically concluded: Defendant and tenant, Cutler-Hammer, took the premises as it found them. In fact, the facility was built to Cutler- Hammer s specifications. The City was not under a duty of ordinary care because it neither contracted itself to be liable for the repairs and maintenance of the facility, nor did it reserve any portion of the rented premises for itself. Nowhere in the lease between the parties, or in any other documentation, can affirmative warranties by the City of the condition of the premises be found. It is difficult for the Court to imagine another situation where the landlord so clearly relinquished complete and total possession of the premises while merely maintaining ownership.... It is clear from the record that the City of Bowling Green did not maintain the type of control over the Cutler-Hammer facility necessary for any liability to attach to it. Nothing in the lease reserves a part of the facility or the land upon which the facility sat to the City. The -5-

6 City controlled the premises as only a landlord protecting his investment would. The basis of the landlord-tenant relationship is delivery of possession of the property, not delivery of ownership. All landlords retain ultimate control by virtue of their ownership of their properties. The landlord must protect his investment. In this case, however, it is hard to discern what level of control the City could have given to Cutler-Hammer beyond what was given so as to avoid liability as a landlord. The City had a $6.2 million dollar investment to protect. The placement of identification tags and the restrictive provisions of the lease were in place to assist in protection of the investment. The City, through these provisions, was simply protecting its ownership and making sure that the debt it was incurring would be covered instead of directing the business of Cutler-Hammer. We agree with the circuit court. There is no evidence offered by Hunton that the City undertook a duty of repair under the lease agreement or reserved any part of the premises for itself. Indeed, section 9 of the Lease Agreement specifically stated that the tenant, Cutler-Hammer, was responsible for all repairs to the premises and for the upkeep of all equipment and machinery located thereon. Additionally, the City did not undertake any responsibility for injuries to persons or property caused by any defects in the factory. Upon the whole, we agree with the circuit court that Cutler-Hammer was put in complete and unrestricted possession and control of the factory. -6-

7 Hunton also alleges that the asbestos constituted a latent defect and that the City of Bowling Green had a duty to disclose the defect. As stated above, where a tenant is put in complete and unrestricted possession of a leased premises, the landlord is only liable for failure to disclose known latent defects at the time the premises is leased to the tenant. See Lambert, 27 S.W.3d 77 and Carver v. Howard, 280 S.W.2d 708 (Ky. 1955). Specifically, Hunton contends: [A]ssuming arguendo that the principles of Lambert do apply, there is evidence that Bowling Green knew or should have known, that the property was defective. It was well documented that asbestos exposure was a health hazard for decades before Bowling Green s Plant was constructed in In the early 1970 s, the federal government began to regulate asbestos exposure in employment setting due to its health implications. As Hunton worked at Bowling Green s facility until 1977, Bowling Green cannot maintain that it did not know about the dangers of asbestos prior to the time Hunton s employment ended. Hunton s Brief at 10. Essentially, Hunton is arguing that an issue of fact existed upon whether the asbestos constituted a latent defect. Hunton believes the evidence is disputed upon whether the City of Bowling Green knew or should have known that the asbestos containing products in the plant constituted a health hazard. As evidence, Hunton cites to federal government regulations effective in the 1970 s that sought to limit work -7-

8 place exposure to asbestos. As Bobby worked at the plant until 1977, Hunton argues that Bowling Green cannot maintain that it did not know about the dangers of asbestos prior to the time Hunton s employment ended. However, a landlord only has a duty to disclose known latent defects at the time the tenant leases the premises. Cutler-Hammer leased the premises in 1964, and Hunton has not cited this Court to evidence demonstrating that the City was aware of or should have been aware of the toxic nature of asbestos in Consequently, we believe that the circuit court properly concluded that the City did not fail to disclose a latent defect in the factory. Hunton also asks this Court to revisit and expand the long standing rule in this Commonwealth concerning landlord liability. We decline to do so. In sum, we are of the opinion that the circuit court properly entered summary judgment dismissing all claims against the City. For the foregoing reasons, the summary judgment of the Warren Circuit Court is affirmed. ALL CONCUR. -8-

9 BRIEFS FOR APPELLANT: Kenneth L. Sales Joseph D. Satterley D. Matthew Kannady Louisville, Kentucky ORAL ARGUMENT FOR APPELLANT: Joseph D. Satterley Louisville, Kentucky BRIEF FOR APPELLEE: H. Eugene Harmon Bowling Green, Kentucky Dixie R. Satterfield Satterfield Law Firm Bowling Green, Kentucky ORAL ARGUMENT FOR APPELLEE: Dixie R. Satterfield Satterfield Law Firm Bowling Green, Kentucky -9-

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals 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

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

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 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 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: July 28, 2006; 2:00 P.M. NOT TO BE PUBLISHED Commonwealth Of Kentucky Court of Appeals NO. 2005-CA-000543-MR JAMES FULTON and LENNA FULTON APPELLANTS APPEAL FROM MCCRACKEN CIRCUIT COURT v. HONORABLE

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: 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

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: 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: 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: 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: 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: DECEMBER 7, 2012; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2011-CA-001108-MR ROBERT M. MCMULLAN, SR. APPELLANT APPEAL FROM NELSON CIRCUIT COURT v. HONORABLE

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

STATE OF OHIO ) IN THE COURT OF APPEALS NINTH JUDICIAL DISTRICT COUNTY OF SUMMIT ) DECISION AND JOURNAL ENTRY

STATE OF OHIO ) IN THE COURT OF APPEALS NINTH JUDICIAL DISTRICT COUNTY OF SUMMIT ) DECISION AND JOURNAL ENTRY [Cite as Uhl v. McKoski, 2014-Ohio-479.] STATE OF OHIO ) IN THE COURT OF APPEALS )ss: NINTH JUDICIAL DISTRICT COUNTY OF SUMMIT ) VICKIE L. UHL C.A. No. 27066 Appellant v. JOHN MCKOSKI, et al. Appellees

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: 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 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

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: AUGUST 10, 2007; 10:00 A.M. TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2005-CA-001422-MR MADONNA GREEN APPELLANT v. APPEAL FROM DAVIESS CIRCUIT COURT HONORABLE THOMAS O. CASTLEN,

More information

United States Court of Appeals

United States Court of Appeals United States Court of Appeals FOR THE EIGHTH CIRCUIT No. 06-3601 J.E. Jones Construction Co.; The Jones Company Custom Homes, Inc., Now known as REJ Custom Homes, Plaintiffs - Appellants, v. Appeal from

More information

2014 IL App (1st) 123454-U No. 1-12-3454 February 11, 2014 Modified Upon Rehearing April 30, 2014 IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT

2014 IL App (1st) 123454-U No. 1-12-3454 February 11, 2014 Modified Upon Rehearing April 30, 2014 IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT 2014 IL App (1st) 123454-U No. 1-12-3454 February 11, 2014 Modified Upon Rehearing April 30, 2014 THIRD DIVISION NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent

More information

RENDERED: May 7, 1999; 10:00 a.m. NOT TO BE PUBLISHED NO. 1997-CA-002654-MR RODERICK DALE WHITNEY

RENDERED: May 7, 1999; 10:00 a.m. NOT TO BE PUBLISHED NO. 1997-CA-002654-MR RODERICK DALE WHITNEY RENDERED: May 7, 1999; 10:00 a.m. NOT TO BE PUBLISHED C ommonwealth Of K entucky Court Of A ppeals NO. 1997-CA-002654-MR RODERICK DALE WHITNEY APPELLANT APPEAL FROM JEFFERSON CIRCUIT COURT v. HONORABLE

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: JUNE 12, 2015; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2013-CA-001263-MR DINAH PUCKETT, AS THE ADMINISTRATRIX OF THE ESTATE OF BERTHA BLANTON APPELLANT APPEAL

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

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: 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

2013 IL App (3d) 120130-U. Order filed September 23, 2013 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2013

2013 IL App (3d) 120130-U. Order filed September 23, 2013 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2013 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 allowed under Rule 23(e)(1). 2013 IL App (3d) 120130-U Order

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: JANUARY 16, 2009; 10:00 A.M. TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2007-CA-002008-MR OLSHAN FOUNDATION REPAIR AND WATERPROOFING, D/B/A OLSHAN FOUNDATION REPAIR CO. OF

More information

RENDERED: March 5, 1999; 2:00 p.m. NOT TO BE PUBLISHED MODIFIED: June 11, 1999; 2:00 p.m. NO. 1996-CA-002068-MR and NO.

RENDERED: March 5, 1999; 2:00 p.m. NOT TO BE PUBLISHED MODIFIED: June 11, 1999; 2:00 p.m. NO. 1996-CA-002068-MR and NO. RENDERED: March 5, 1999; 2:00 p.m. NOT TO BE PUBLISHED MODIFIED: June 11, 1999; 2:00 p.m. C ommonwealth Of K entucky Court Of A ppeals NO. 1996-CA-002068-MR and NO. 1997-CA-000444-MR MARGARET R. ENNES,

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: 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

Third District Court of Appeal State of Florida

Third District Court of Appeal State of Florida Third District Court of Appeal State of Florida Opinion filed May 21, 2014. Not final until disposition of timely filed motion for rehearing. Nos. 3D13-773 and 13-55 Lower Tribunal No. 07-46943 Hillstone

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

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

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

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: FEBRUARY 15, 2008; 2:00 P.M. NOT TO BE PUBLISHED SUPREME COURT GRANTED DISCRETIONARY REVIEW: FEBRUARY 11, 2009 (FILE NO. 2008-SC-0196-DG) Commonwealth of Kentucky Court of Appeals NO. 2007-CA-000277-MR

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: JULY 26, 2013; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2012-CA-000909-MR KMM INVESTMENTS, LLC APPELLANT APPEAL FROM TRIGG CIRCUIT COURT v. HONORABLE CLARENCE

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

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

Nos. 2 09 1120, 2 10 0146, 2 10 0781 cons. Order filed February 18, 2011 IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT

Nos. 2 09 1120, 2 10 0146, 2 10 0781 cons. Order filed February 18, 2011 IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT Order filed February 18, 2011 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 allowed under Rule 23(e)(1). IN

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: MARCH 27, 2009; 2:00 P.M. TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2006-CA-000518-MR ST. MATTHEWS FIRE PROTECTION DISTRICT APPELLANT APPEAL FROM JEFFERSON CIRCUIT COURT v.

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: JULY 8, 2011; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2009-CA-000873-DG COMMONWEALTH OF KENTUCKY APPELLANT ON DISCRETIONARY REVIEW FROM CHRISTIAN CIRCUIT

More information

IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT

IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT 2016 IL App (1st) 150810-U Nos. 1-15-0810, 1-15-0942 cons. Fourth Division June 30, 2016 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in

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

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

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

2015 IL App (1st) 141985-U. No. 1-14-1985 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT

2015 IL App (1st) 141985-U. No. 1-14-1985 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT 2015 IL App (1st) 141985-U No. 1-14-1985 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 allowed under Rule 23(e)(1).

More information

COMMONWEALTH OF VIRGINIA, ET AL. OPINION BY CHIEF JUSTICE LEROY R. HASSELL, SR. v. Record No. 060774 January 12, 2007

COMMONWEALTH OF VIRGINIA, ET AL. OPINION BY CHIEF JUSTICE LEROY R. HASSELL, SR. v. Record No. 060774 January 12, 2007 Present: All the Justices COMMONWEALTH OF VIRGINIA, ET AL. OPINION BY CHIEF JUSTICE LEROY R. HASSELL, SR. v. Record No. 060774 January 12, 2007 KAREN BURNS, ET AL. FROM THE CIRCUIT COURT OF CAMPBELL COUNTY

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: MAY 6, 2011; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2010-CA-000267-MR AND NO. 2010-CA-000299-MR JP WHITE, LLC, D/B/A CONTAG!OUS APPELLANT/CROSS-APPELLEE

More information

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION CINCINNATI INSURANCE COMPANY, Plaintiff, v. No. 4:01 CV 726 DDN VENETIAN TERRAZZO, INC., Defendant. DECLARATORY JUDGMENT Pursuant

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: MAY 4, 2012; 10:00 A.M. TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2011-CA-000474-MR STUDOR, INC. APPELLANT APPEAL FROM FRANKLIN CIRCUIT COURT v. HONORABLE THOMAS D. WINGATE,

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA FOR PUBLICATION ATTORNEY FOR APPELLANT: TRENT THOMPSON Salem, Indiana ATTORNEYS FOR APPELLEE: REBECCA J. MAAS KYLE B. DEHAVEN Smith Fisher Maas & Howard, P.C. Indianapolis, Indiana IN THE COURT OF APPEALS

More information

Commonwealth Of Kentucky. Court of Appeals

Commonwealth Of Kentucky. Court of Appeals RENDERED: JANUARY 6, 2006, 10:00 A.M. TO BE PUBLISHED Commonwealth Of Kentucky Court of Appeals NO. 2004-CA-002178-MR JUDY L. COMBS, INDIVIDUALLY, AND AS EXECUTRIX OF THE ESTATE OF VIRGIL COMBS APPELLANT

More information

2016 IL App (1st) 133918-U. No. 1-13-3918 IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT

2016 IL App (1st) 133918-U. No. 1-13-3918 IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT 2016 IL App (1st) 133918-U No. 1-13-3918 SIXTH DIVISION May 6, 2016 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

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: NOVEMBER 2, 2012; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2011-CA-000767-MR KENT MONTGOMERY APPELLANT APPEAL FROM BATH CIRCUIT COURT v. HONORABLE WILLIAM

More information

1071593, 1071604 SUPREME COURT OF ALABAMA

1071593, 1071604 SUPREME COURT OF ALABAMA Page 1 1 of 20 DOCUMENTS Colony Insurance Company v. Georgia-Pacific, LLC, Lumbermens Mutual Casualty Company, and Industrial Maintenance and Mechanical, Inc.; Geogia-Pacific, LLC v. Colony Insurance Company

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: March 5, 2004; 10:00 a.m. NOT TO BE PUBLISHED Commonwealth Of Kentucky Court of Appeals NO. 2002-CA-002292-MR AND NO. 2003-CA-000975-MR KAMAL K. GARG, M.D. APPELLANT APPEALS FROM JOHNSON CIRCUIT

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

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

Commonwealth Of Kentucky. Court of Appeals

Commonwealth Of Kentucky. Court of Appeals RENDERED: November 12, 2004; 10:00 a.m. NOT TO BE PUBLISHED Commonwealth Of Kentucky Court of Appeals NO. 2001-CA-002549-MR ROBERT APPLEGATE APPELLANT APPEAL FROM LEWIS CIRCUIT COURT v. HONORABLE LEWIS

More information

IN THE NEBRASKA COURT OF APPEALS. MEMORANDUM OPINION AND JUDGMENT ON APPEAL (Memorandum Web Opinion)

IN THE NEBRASKA COURT OF APPEALS. MEMORANDUM OPINION AND JUDGMENT ON APPEAL (Memorandum Web Opinion) IN THE NEBRASKA COURT OF APPEALS MEMORANDUM OPINION AND JUDGMENT ON APPEAL (Memorandum Web Opinion) CITY OF LINCOLN V. DIAL REALTY DEVELOPMENT NOTICE: THIS OPINION IS NOT DESIGNATED FOR PERMANENT PUBLICATION

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. 2011-CA-002289-MR KEITH BRADLEY AND ROCKY ADKINS APPELLANTS APPEAL FROM WOLFE CIRCUIT COURT v. HONORABLE

More information

SUPREME COURT OF ALABAMA

SUPREME COURT OF ALABAMA REL:07/31/2009 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, Alabama Appellate

More information

2014 IL App (5th) 120588-U NO. 5-12-0588 IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT

2014 IL App (5th) 120588-U NO. 5-12-0588 IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT NOTICE Decision filed 01/23/14. 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. 2014 IL App (5th) 120588-U NO. 5-12-0588

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

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2014

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2014 DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2014 WE HELP COMMUNITY DEVELOPMENT CORPORATION, a Florida non-profit corporation, Appellant, v. CIRAS, LLC, an Ohio limited liability

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. Nos. 11-15136 & 11-15801. D.C. Docket Nos. 9:08-cv-80820-DTKH, 9:08-cv-81185-DTKH

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. Nos. 11-15136 & 11-15801. D.C. Docket Nos. 9:08-cv-80820-DTKH, 9:08-cv-81185-DTKH Case: 11-15136 Date Filed: 10/25/2012 Page: 1 of 11 ARTHUR SMITH, et al., IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT Nos. 11-15136 & 11-15801 D.C. Docket Nos. 9:08-cv-80820-DTKH, 9:08-cv-81185-DTKH

More information

SUPREME COURT OF ARKANSAS No. 12-408

SUPREME COURT OF ARKANSAS No. 12-408 SUPREME COURT OF ARKANSAS No. 12-408 JAMES K. MEADOR V. APPELLANT T O T A L C O M P L I A N C E CONSULTANTS, INC., AND BILL MEDLEY APPELLEES Opinion Delivered January 31, 2013 APPEAL FROM THE BENTON COUNTY

More information

2015 IL App (2d) 150184-U No. 2-15-0184 Order filed November 4, 2015 IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT

2015 IL App (2d) 150184-U No. 2-15-0184 Order filed November 4, 2015 IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT No. 2-15-0184 Order filed November 4, 2015 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 allowed under Rule

More information

2013 IL App (1st) 121562-U. No. 1-12-1562 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT

2013 IL App (1st) 121562-U. No. 1-12-1562 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT 2013 IL App (1st) 121562-U FIRST DIVISION March 25, 2013 No. 1-12-1562 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

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

1370 West Sixth Street, Suite 350 2859 Aaronwood Avenue, NE, Suite 101 Cleveland, Ohio 44113 Massillon, Ohio 44646

1370 West Sixth Street, Suite 350 2859 Aaronwood Avenue, NE, Suite 101 Cleveland, Ohio 44113 Massillon, Ohio 44646 [Cite as Jones v. Interstate Fire and Security Systems, Inc., 2004-Ohio-5475.] COURT OF APPEALS STARK COUNTY, OHIO FIFTH APPELLATE DISTRICT EARL JONES, et al. -vs- Plaintiffs-Appellants INTERSTATE FIRE

More information

RENDERED: September 4, 1998; 2:00 p.m. NOT TO BE PUBLISHED NO. 1997-CA-002369-MR

RENDERED: September 4, 1998; 2:00 p.m. NOT TO BE PUBLISHED NO. 1997-CA-002369-MR RENDERED: September 4, 1998; 2:00 p.m. NOT TO BE PUBLISHED C ommonwealth Of K entucky Court Of A ppeals NO. 1997-CA-002369-MR MOUNTAIN LIFELINE, INC.; KNOX COUNTY AMBULANCE SERVICE; and MOUNTAIN EMS, INC.

More information

2015 IL App (5th) 140227-U NO. 5-14-0227 IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT

2015 IL App (5th) 140227-U NO. 5-14-0227 IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT NOTICE Decision filed 10/15/15. 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 140227-U NO. 5-14-0227

More information

2012 IL App (3d) 110004-U. Order filed April 30, 2012 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2012 ) ) ) ) ) ) ) ) ) ) ORDER

2012 IL App (3d) 110004-U. Order filed April 30, 2012 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2012 ) ) ) ) ) ) ) ) ) ) ORDER 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 allowed under Rule 23(e(1. 2012 IL App (3d 110004-U Order filed

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: MAY 8, 2015; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2014-CA-000673-MR STEVEN WILDT APPELLANT APPEAL FROM JEFFERSON FAMILY COURT v. HONORABLE DOLLY W. BERRY,

More information

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO Filed 8/27/14 Tesser Ruttenberg etc. v. Forever Entertainment CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS HOLLY DEREMO, DIANE DEREMO, and MARK DEREMO, UNPUBLISHED August 30, 2012 Plaintiff-Appellant/Cross- Appellees, v No. 305810 Montcalm Circuit Court TWC & ASSOCIATES, INC.,

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

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: MARCH 28, 2008; 2:00 P.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2006-CA-002387-MR DARRELL CARNES APPELLANT v. APPEAL FROM GRAYSON CIRCUIT COURT HONORABLE SAM H. MONARCH,

More information

IN THE SUPREME COURT OF IOWA

IN THE SUPREME COURT OF IOWA IN THE SUPREME COURT OF IOWA No. 08 1635 Filed February 4, 2011 TIMOTHY L. MERRIAM, An Individual; JUSTINE MERRIAM, Both Individually and as Next Friend of CHRISTOPHER MERRIAM, A Minor, KAYLA MERRIAM,

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

CASE NO.: COMPLAINT. Plaintiff, [PLAINTIFF S NAME], by and through her parent and natural guardian

CASE NO.: COMPLAINT. Plaintiff, [PLAINTIFF S NAME], by and through her parent and natural guardian Form 2:150 Dog Bite Sample Complaint IN THE CIRCUIT COURT OF THE TH JUDICIAL CIRCUIT IN AND FOR COUNTY, FLORIDA [PLAINTIFF S NAME], by and through her parent and natural guardian, [PLAINTIFF S PARENT S

More information

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE December 02, 2014 Session

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE December 02, 2014 Session IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE December 02, 2014 Session CONNIE REDMOND v. WALMART STORES, INC., ET AL. Appeal from the Circuit Court for Davidson County No. 13C3247 Joseph P. Binkley,

More information

JUSTICE G. STEVEN AGEE v. Record No. 061304 June 8, 2007. FROM THE CIRCUIT COURT OF FAIRFAX COUNTY Michael P. McWeeney, Judge

JUSTICE G. STEVEN AGEE v. Record No. 061304 June 8, 2007. FROM THE CIRCUIT COURT OF FAIRFAX COUNTY Michael P. McWeeney, Judge PRESENT: ALL THE JUSTICES MARK FIVE CONSTRUCTION, INC., TO THE USE OF AMERICAN ECONOMY INSURANCE CO. OPINION BY JUSTICE G. STEVEN AGEE v. Record No. 061304 June 8, 2007 CASTLE CONTRACTORS, ET AL. FROM

More information

IN THE COURT OF APPEALS OF OHIO SECOND APPELLATE DISTRICT MONTGOMERY COUNTY

IN THE COURT OF APPEALS OF OHIO SECOND APPELLATE DISTRICT MONTGOMERY COUNTY [Cite as Wright v. Miami Valley Hosp., 2013-Ohio-4233.] IN THE COURT OF APPEALS OF OHIO SECOND APPELLATE DISTRICT MONTGOMERY COUNTY BOBBIE WRIGHT : : Appellate Case No. 25542 Plaintiff-Appellant : : Trial

More information

UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT ORDER AND JUDGMENT * Before KELLY, ANDERSON, and TYMKOVICH, Circuit Judges.

UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT ORDER AND JUDGMENT * Before KELLY, ANDERSON, and TYMKOVICH, Circuit Judges. FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit WILLIAM MOSHER; LYNN MOSHER, Plaintiffs - Appellants, FOR THE TENTH CIRCUIT November 19, 2014 Elisabeth A. Shumaker Clerk

More information

181 S.W.3d 44 (Ky.App. 2005), 2004-CA-002062, UPS Capital Business Credit v. C.R. Cable Construction, Inc. Page 44 181 S.W.3d 44 (Ky.App.

181 S.W.3d 44 (Ky.App. 2005), 2004-CA-002062, UPS Capital Business Credit v. C.R. Cable Construction, Inc. Page 44 181 S.W.3d 44 (Ky.App. 181 S.W.3d 44 (Ky.App. 2005), 2004-CA-002062, UPS Capital Business Credit v. C.R. Cable Construction, Inc. Page 44 181 S.W.3d 44 (Ky.App. 2005) UPS CAPITAL BUSINESS CREDIT, Appellant, v. C.R. CABLE CONSTRUCTION,

More information

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 13-893 STATE OF LOUISIANA, THROUGH THE DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT **********

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 13-893 STATE OF LOUISIANA, THROUGH THE DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT ********** STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 13-893 WENDY THIBODEAUX VERSUS STATE OF LOUISIANA, THROUGH THE DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT ********** APPEAL FROM THE SEVENTH JUDICIAL

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS DALE GABARA, Plaintiff/Counter-Defendant- Appellee, UNPUBLISHED December 19, 2006 v No. 262603 Sanilac Circuit Court KERRY D. GENTRY, and LINDA L. GENTRY, LC No. 04-029750-CZ

More information

IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT LUCAS COUNTY. Trial Court No. CI0200503911. Appellee Decided: November 30, 2007 * * * * *

IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT LUCAS COUNTY. Trial Court No. CI0200503911. Appellee Decided: November 30, 2007 * * * * * [Cite as Reserve Assoc. Ltd. v. Selective Ins. Co. of South Carolina, 2007-Ohio-6369.] IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT LUCAS COUNTY Reserve Associates Limited Appellant Court of

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 LOUIS A. FIORE and JEAN H. FIORE, Appellants, v. Case No. 2D14-1872

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: MAY 15, 2015; 10:00 A.M. TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2013-CA-001003-MR KENTUCKY SPIRIT HEALTH PLAN, INC. APPELLANT/CROSS-APPELLEE APPEAL FROM FRANKLIN CIRCUIT

More information

APPEAL from an order of the circuit court for Milwaukee County: THOMAS P. DONEGAN, Judge. Affirmed.

APPEAL from an order of the circuit court for Milwaukee County: THOMAS P. DONEGAN, Judge. Affirmed. COURT OF APPEALS DECISION DATED AND FILED February 15, 2000 Cornelia G. Clark Acting Clerk, Court of Appeals of Wisconsin NOTICE This opinion is subject to further editing. If published, the official version

More information

THE UTAH COURT OF APPEALS

THE UTAH COURT OF APPEALS 2014 UT App 187 THE UTAH COURT OF APPEALS LARRY MYLER, Plaintiff and Appellant, v. BLACKSTONE FINANCIAL GROUP BUSINESS TRUST, Defendant and Appellee. Opinion No. 20130246-CA Filed August 7, 2014 Third

More information

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY Shirler Louis Plaintiff, v. C.A. No. N13C-02-240 FWW Christiana Care Health Services, Inc. Defendant. OPINION AND ORDER Upon

More information

No. 2 10 0182 Order filed February 15, 2011 IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT

No. 2 10 0182 Order filed February 15, 2011 IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT Order filed February 15, 2011 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 allowed under Rule 23(e)(1). IN

More information

Decision on Administrator s Motion to Dismiss and Administrator s Motion for Summary Judgment

Decision on Administrator s Motion to Dismiss and Administrator s Motion for Summary Judgment In re Estate of Elizabeth LaFrance, No. 31-2-10 Oecv (Eaton, J., Mar. 4, 2011) [The text of this Vermont trial court opinion is unofficial. It has been reformatted from the original. The accuracy of the

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