RENDERED: September 4, 1998; 2:00 p.m. NOT TO BE PUBLISHED NO CA MR

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "RENDERED: September 4, 1998; 2:00 p.m. NOT TO BE PUBLISHED NO. 1997-CA-002369-MR"

Transcription

1 RENDERED: September 4, 1998; 2:00 p.m. NOT TO BE PUBLISHED C ommonwealth Of K entucky Court Of A ppeals NO CA MR MOUNTAIN LIFELINE, INC.; KNOX COUNTY AMBULANCE SERVICE; and MOUNTAIN EMS, INC. APPELLANTS v. APPEAL FROM FRANKLIN CIRCUIT COURT HONORABLE WILLIAM L. GRAHAM, JUDGE ACTION NO. 96-CI BAPTIST HEALTHCARE SYSTEM, INC., d/b/a CENTRAL BAPTIST HOSPITAL APPELLEE OPINION AFFIRMING * * * BEFORE: BUCKINGHAM, KNOX, AND SCHRODER, JUDGES. SCHRODER, JUDGE: This is an appeal from an order of the Franklin Circuit Court reversing a decision of the Kentucky Health Policy Board denying appellee s application for a certificate of need to establish a critical care ambulance service in three eastern Kentucky counties. Appellants argue that the circuit court erred in substituting its judgment for that of the Health Policy Board. Upon reviewing the record and the applicable law, we reject appellants argument and, thus, affirm.

2 In August 1995, appellee, Baptist Healthcare System, Inc., d/b/a Central Baptist Hospital ( Baptist ), submitted a certificate of need ( CON ) application to establish a critical care transportation unit ( CCTU ) for the purpose of transporting urgently and semi-emergently sick and injured patients from hospitals within Central and Eastern Kentucky to advance level facilities in the Lexington area. Patients that would be transported via the CCTU would require a level of care beyond advanced life support ( ALS ) ambulance service, but would not warrant transportation by air ambulance. In addition, the CCTU would serve as a substitute for air transportation during bad weather when air transportation is not possible. Prior to applying for a CON, Baptist had already been involved in providing CCTU services through a contractual agreement with Commonwealth Ambulance Service ( Commonwealth ), the only licensed provider of ALS ambulance services in Fayette County. Under the arrangement with Commonwealth, Baptist provided the CCTU team, including critical care nurses, medical directors, and support services. Commonwealth provided a licensed ambulance vehicle, a driver, and paramedics. Since neither Baptist nor Commonwealth had a license to provide ambulance service outside of Fayette County, Commonwealth entered into mutual aid agreements with various ambulance providers in Central and Eastern Kentucky pursuant to 902 KAR 14:080, and transported patients requiring critical care transportation to Baptist and other Lexington hospitals. A mutual aid agreement -2-

3 allows an ambulance service to call upon another adjacent or nearby service to render services when its vehicles are unavailable or it is unable to provide the level of service required. However, under a mutual aid agreement, an ambulance service can only respond to calls outside its licensed geographic area if an ambulance service licensed in that area gives approval for the transfer. 902 KAR 14:080 4 and 5. Appellants, Mountain EMS, Mountain Lifeline, and Knox County Ambulance Service, are licensed to provide ambulance services in the counties in which Baptist seeks to operate its CCTU. All three appellants are capable of providing advance life support services. Appellants presented evidence that in the past they have also been able to provide critical care services by utilizing nurses from local hospitals to ride in ambulances and assist with care. Appellants maintain, however, that ever since the implementation of Baptist s agreement with Commonwealth, they have experienced difficulty in obtaining nurse support from Central Baptist s sister hospital, Baptist Regional Medical Center. On March 7, 1996, a hearing was held before the Kentucky Health Policy Board on Baptist s application for a CON. Appellants opposed Baptist s application, maintaining that the critical care transportation needs of the community could be met without granting Baptist a CON, through the invocation of mutual aid agreements. -3-

4 During the hearing, the hearing officer for the Board recognized that Baptist had established a need for critical care transportation and acknowledged the difficulty of obtaining mutual aid agreements in order to provide this service. Despite this statement, the Board voted to deny Baptist s application. The Board found that Baptist failed to meet the need and accessability criterion in KRS 216B.040(b). The Board specifically found that: Historically, the local ambulance services of Whitley, Knox, and Harlan Counties have provided excellent interfacility transfer care utilizing Emergency Medical Technicians, paramedics or local nursing staff. On some occasions, nursing staff may not be available for transfers that exceed the scope of paramedic practice. However on those occasions, as in the past, the local services are willing to enter into individual aid agreements to assure appropriate transfer and do so expeditiously so as not to compromise the health of anyone. As long as this cooperation continues, any need that exists is being and will be satisfied. Thereafter, Baptist appealed the Board s decision to the Franklin Circuit Court. The circuit court reversed the Board s denial of the CON, adjudging that compelling evidence existed to overturn the Board s findings, including evidence of the failure by local ambulance services to cooperate in approving mutual aid agreements when necessary to adequately serve the public. From this order, appellants now appeal. Appellants argue that the court erred when it improperly substituted its decision for that of the Board. It is well established that a decision of an administrative agency will -4-

5 not be overturned unless it is arbitrary or capricious. Kentucky State Racing Commission v. Fuller, Ky., 481 S.W.2d 298 (1972); Hatch v. Fiscal Court Fayette County, Ky., 242 S.W.2d 1018 (1951). An agency s decision is arbitrary if the record compels a contrary decision in light of substantial evidence therein. Bourbon County Board of Adjustment v. Currans, Ky. App., 873 S.W.2d 836 (1994). For evidence in an administrative record to be so compelling as to render the agency s decision arbitrary or unreasonable, the evidence must be such that it leaves no room for differences of opinion among reasonable minds. Energy Regulatory Commission v. Kentucky Power Company, Ky. App., 605 S.W.2d 46 (1980). The need and accessibilty criterion in KRS 216B.040(b), which the Board found that Baptist failed to meet, provides in pertinent part that [t]he proposal shall meet an identified need in a defined geographic area and be accessible to all residents in the area. It was not disputed by any of the parties that there is a need for critical care transportation in the three counties at issue. The question is whether the need can be met with mutual aid agreements or whether a separate CCTU is necessary. Despite appellants claims that mutual aid agreements are a satisfactory means of providing critical care transportation and that they are willing to cooperate in giving mutual aid agreements, Baptist presented much evidence to the contrary. There was evidence of the built-in delay and risks in -5-

6 attempting to obtain a mutual aid agreement because of the red tape involved and the fact that local providers with financial interests at stake have unilateral authority to grant or deny mutual aid agreements. Baptist s witnesses cited specific instances where significant delays and difficulties arose in attempting to obtain a mutual aid agreement. Patti Howard, director of the CCTU, testified about one case in particular where the attempt to obtain a mutual aid agreement interfered with a patient s need for urgent transportation. There was also evidence that appellant, Mountain Lifeline, once refused to approve a mutual aid agreement when a physician had determined that critical care transportation was medically necessary. Finally, to underscore the urgent need for critical care transportation, there was testimony about a situation in a county outside the area in question in the instant case in which a patient died when a local provider refused to approve a mutual aid agreement and there was a significant delay in obtaining ambulance service. Baptist also presented evidence that 85% of all critical care transportation that it provides cannot be handled by the local ALS services. CCTUs carry equipment not carried by most ALS ambulance services, such as intra-aortic balloon pumps, specialized mobile ventilators, and specialized monitoring equipment. In addition, CCTUs are required to have critical care nurses on board whose training exceeds that of the paramedics on ALS ambulances. -6-

7 Appellants maintain that there is no evidence that any patient s care or health has been jeopardized by any delay in getting a mutual aid agreement. We agree with the circuit court on this point: There does not have to be a finding of actual jeopardy or death to support the conclusion that existing need is not being met. It is the potential threat that, under the current system, the most efficient medical attention is not being given which leads us to the conclusion that the need is not being met in these areas. Because time and level of care can mean the difference between life and death in critical care transportation situations, we believe the evidence compelled reversal of the Board s denial of the CON requested in this case. We agree with the circuit court that the mutual aid system is not an effective means of providing critical care transportation. Appellants also argue that Baptist s CON application should have been denied based on the cost, economic feasibility, and resource availability criterion in KRS 216B.040(2)(d) which provides in pertinent part: The proposal, when measured against the cost of alternatives for meeting needs, shall be judged to be an effective and economical use of resources, not only of capital investment, but also ongoing requirements for health[,] manpower and operational financing[.] Appellants claim that allowing Baptist to operate a CCTU would have a detrimental effect on appellants financial viability, thus, depriving appellants of the needed revenue to continue to provide quality ALS emergency transportation. As -7-

8 stated previously, the evidence established that appellants are not capable of providing 85% of the critical care transportation that Baptist provides. Thus, we do not see that it would matter, in terms of the financial impact on appellants, whether Baptist provided the critical care transportation as a licensed CCTU or through a mutual aid agreement. Moreover, the fact that Baptist s CCTU provides a needed medical service that no other ambulance service can provide certainly renders it an effective and economical use of resources. For the reasons stated above, the judgment of the Franklin Circuit Court is affirmed. ALL CONCUR. BRIEF FOR APPELLANTS: David H. Vance Frankfort, Kentucky BRIEF FOR APPELLEE: Matthew R. Klein Covington, Kentucky -8-

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: 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: 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

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: SEPTEMBER 19, 2014; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2013-CA-002177-MR JONATHAN L. HUNTER APPELLANT APPEAL FROM TRIGG CIRCUIT COURT v. HONORABLE CLARENCE

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

RENDERED: December 4, 1998; 10:00 a.m. NOT TO BE PUBLISHED NO. 1996-CA-002717-MR CLIFF GILL, JAILER; MCCRACKEN COUNTY, KENTUCKY

RENDERED: December 4, 1998; 10:00 a.m. NOT TO BE PUBLISHED NO. 1996-CA-002717-MR CLIFF GILL, JAILER; MCCRACKEN COUNTY, KENTUCKY RENDERED: December 4, 1998; 10:00 a.m. NOT TO BE PUBLISHED C ommonwealth Of K entucky Court Of A ppeals NO. 1996-CA-002717-MR RAYMOND DAVID WATSON APPELLANT APPEAL FROM MCCRACKEN 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 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

RENDERED: MARCH 9, 2001; 2:00 p.m. NOT TO BE PUBLISHED NO. 2000-CA-000669-WC MICHAEL DARNELL DEVERS

RENDERED: MARCH 9, 2001; 2:00 p.m. NOT TO BE PUBLISHED NO. 2000-CA-000669-WC MICHAEL DARNELL DEVERS 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

RENDERED: JANUARY 25, 2002; 2:00 p.m. NOT TO BE PUBLISHED NO. 2000-CA-001497-MR COMMONWEALTH OF KENTUCKY

RENDERED: JANUARY 25, 2002; 2:00 p.m. NOT TO BE PUBLISHED NO. 2000-CA-001497-MR COMMONWEALTH OF KENTUCKY RENDERED: JANUARY 25, 2002; 2:00 p.m. NOT TO BE PUBLISHED C ommonwealth Of K entucky Court Of A ppeals NO. 2000-CA-001497-MR ERNEST W. DAWAHARE APPELLANT APPEAL FROM FAYETTE CIRCUIT COURT v. HONORABLE

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: DECEMBER 11, 2009; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2008-CA-002284-MR NORTHERN KENTUCKY WATER DISTRICT APPELLANT APPEAL FROM FRANKLIN CIRCUIT COURT

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: 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: SEPTEMBER 1, 2000; 10:00 a.m. NOT TO BE PUBLISHED NO. 1999-CA-002678-MR COMMONWEALTH OF KENTUCKY OPINION AFFIRMING ** ** ** ** **

RENDERED: SEPTEMBER 1, 2000; 10:00 a.m. NOT TO BE PUBLISHED NO. 1999-CA-002678-MR COMMONWEALTH OF KENTUCKY OPINION AFFIRMING ** ** ** ** ** RENDERED: SEPTEMBER 1, 2000; 10:00 a.m. NOT TO BE PUBLISHED C ommonwealth Of K entucky Court Of A ppeals NO. 1999-CA-002678-MR CHARLES CHUMBLER APPELLANT APPEAL FROM LIVINGSTON CIRCUIT COURT v. HONORABLE

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

,ittyrrmr T,ourf of TfiFfift4

,ittyrrmr T,ourf of TfiFfift4 RENDERED: AUGUST 20, 2015 TO BE PUBLISHED,ittyrrmr T,ourf of TfiFfift4 2014-SC-000610-WC il GARRARD COUNTY FISCAL COURT [DATEct_10_,s- T.).%%k4cauerkr APPELLANT ON APPEAL FROM COURT OF APPEALS V. CASE

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: DECEMBER 15, 2006; 2:00 P.M. NOT TO BE PUBLISHED Commonwealth Of Kentucky Court of Appeals NO. 2005-CA-002164-MR ELEANOR JEAN HUNTON, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF BOBBY GENE

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

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: DECEMBER 31, 2008; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2007-CA-000917-MR AND NO. 2007-CA-002088-MR BRYAN P. VINCENT APPELLANT APPEAL FROM MUHLENBERG CIRCUIT

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: 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: 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

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

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 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

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 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: 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: 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: 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

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: 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

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

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

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

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

RENDERED: September 17, 1999; 2:00 p.m. TO BE PUBLISHED NO. 1998-CA-002332-WC OPINION AFFIRMING ** ** ** ** **

RENDERED: September 17, 1999; 2:00 p.m. TO BE PUBLISHED NO. 1998-CA-002332-WC OPINION AFFIRMING ** ** ** ** ** RENDERED: September 17, 1999; 2:00 p.m. TO BE PUBLISHED C ommonwealth Of K entucky Court Of A ppeals NO. 1998-CA-002332-WC THOMAS MARTIN JECKER APPELLANT PETITION FOR REVIEW OF A DECISION v. OF THE WORKERS'

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 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: 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

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: DECEMBER 6, 2013; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2012-CA-002161-ME JESSICA L. SKAGGS (NOW HARPER) APPELLANT APPEAL FROM ELLIOTT CIRCUIT COURT v.

More information

In the Missouri Court of Appeals Eastern District DIVISION THREE

In the Missouri Court of Appeals Eastern District DIVISION THREE In the Missouri Court of Appeals Eastern District DIVISION THREE GERALD J. BAMBERGER, et al., ) No. ED92319 ) Appellants, ) ) Appeal from the Circuit Court vs. ) of St. Louis County ) 08SL-CC01435 CHARLES

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

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: 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 Workers Compensation Board

Commonwealth of Kentucky Workers Compensation Board Commonwealth of Kentucky Workers Compensation Board OPINION ENTERED: March 25, 2014 CLAIM NO. 201166969 REBECCA MAHAN PETITIONER VS. APPEAL FROM HON. R. SCOTT BORDERS, ADMINISTRATIVE LAW JUDGE PROFESSIONAL

More information

NO. 3-10-0040WC. January 25, 2011 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT. Workers' Compensation Commission Division

NO. 3-10-0040WC. January 25, 2011 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT. Workers' Compensation Commission Division 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. NO. 3-10-0040WC January 25, 2011

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

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

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

Fourteenth Court of Appeals

Fourteenth Court of Appeals Affirmed and Memorandum Opinion filed March 26, 2009. In The Fourteenth Court of Appeals NO. 14-07-00390-CV LEO BORRELL, Appellant V. VITAL WEIGHT CONTROL, INC., D/B/A NEWEIGH, Appellee On Appeal from

More information

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA PROGRESSIVE AMERICAN INSURANCE COMPANY, CASE NO.: 2014-CV-000079-A-O Lower Case No.: 2012-SC-002127-O Appellant, v.

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: MAY 2, 2014; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2012-CA-000371-MR GREGORY JERMAIN LANGLEY APPELLANT APPEAL FROM HENDERSON CIRCUIT COURT v. HONORABLE

More information

RENDERED: OCTOBER 27, 2000; 10:00 a.m. NOT TO BE PUBLISHED NO. 1999-CA-002647-MR

RENDERED: OCTOBER 27, 2000; 10:00 a.m. NOT TO BE PUBLISHED NO. 1999-CA-002647-MR RENDERED: OCTOBER 27, 2000; 10:00 a.m. NOT TO BE PUBLISHED C ommonwealth Of K entucky Court Of A ppeals NO. 1999-CA-002647-MR DONNA REID MITCHELL, SHARRON C. STAYTON, and TERRELL E. HEICK, JR. APPELLANTS

More information

RENDERED: May 7, 1999; 10:00 a.m. NOT TO BE PUBLISHED NO. 1997-CA-002339-MR COMMONWEALTH OF KENTUCKY OPINION AFFIRMING ** ** ** ** **

RENDERED: May 7, 1999; 10:00 a.m. NOT TO BE PUBLISHED NO. 1997-CA-002339-MR COMMONWEALTH OF KENTUCKY OPINION AFFIRMING ** ** ** ** ** RENDERED: May 7, 1999; 10:00 a.m. NOT TO BE PUBLISHED C ommonwealth Of K entucky Court Of A ppeals NO. 1997-CA-002339-MR JOHN BRENTON PRESTON APPELLANT APPEAL FROM JOHNSON CIRCUIT COURT v. HONORABLE STEPHEN

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: 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

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

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

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA FT. MYERS REAL ESTATE HOLDINGS, LLC, v. Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF

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

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

IN THE APPELLATE COURT OF ILLINOIS FOURTH DISTRICT. Workers Compensation Commission Division A.D., 2009

IN THE APPELLATE COURT OF ILLINOIS FOURTH DISTRICT. Workers Compensation Commission Division A.D., 2009 Filed 12/23/09 No. 4--09--0144WC IN THE APPELLATE COURT OF ILLINOIS FOURTH DISTRICT Workers Compensation Commission Division A.D., 2009 GREENE WELDING AND HARDWARE, ) Appeal from the Circuit Court ) of

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

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 COURT OF APPEALS OF TENNESSEE AT MEMPHIS February 23, 2010 Session

IN THE COURT OF APPEALS OF TENNESSEE AT MEMPHIS February 23, 2010 Session IN THE COURT OF APPEALS OF TENNESSEE AT MEMPHIS February 23, 2010 Session JOHN COOK, JR. v. PERMANENT GENERAL ASSURANCE CORP. Appeal from the Circuit Court for Shelby County No. CT-00676-08 Robert Childers,

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

IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON Assigned On Briefs May 17, 2010

IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON Assigned On Briefs May 17, 2010 IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON Assigned On Briefs May 17, 2010 CHRISTINE GREENWOOD v. KIRBY FAMILY DENTISTRY, P.C., ET AL. Direct Appeal from the Circuit Court for Shelby County No. CT-001306-08

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

NOT TO BE PUBLISHED OPINION

NOT TO BE PUBLISHED OPINION IMPORTANT NOTICE NOT TO BE PUBLISHED OPINION THIS OPINION IS DESIGNATED "NOT TO BE PUBLISHED." PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, CR 76.28(4)(C), THIS OPINION IS

More information

IN THE SUPREME COURT OF TENNESSEE SPECIAL WORKERS COMPENSATION APPEALS PANEL AT NASHVILLE

IN THE SUPREME COURT OF TENNESSEE SPECIAL WORKERS COMPENSATION APPEALS PANEL AT NASHVILLE IN THE SUPREME COURT OF TENNESSEE SPECIAL WORKERS COMPENSATION APPEALS PANEL AT NASHVILLE KATHY GEORGE v. CARRIER CORPORATION, et. al. Direct Appeal from the Cannon County Circuit Court No. 3170, Robert

More information

[Cite as Atlanta Mtge. & Invest. Corp. v. Sayers, 2002- Ohio-844.] COURT OF APPEALS ASHTABULA COUNTY, OHIO J U D G E S

[Cite as Atlanta Mtge. & Invest. Corp. v. Sayers, 2002- Ohio-844.] COURT OF APPEALS ASHTABULA COUNTY, OHIO J U D G E S [Cite as Atlanta Mtge. & Invest. Corp. v. Sayers, 2002- Ohio-844.] COURT OF APPEALS ELEVENTH DISTRICT ASHTABULA COUNTY, OHIO J U D G E S ATLANTIC MORTGAGE & INVESTMENT CORPORATION, - vs - Plaintiff-Appellant,

More information

IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE September 2000 Session

IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE September 2000 Session IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE September 2000 Session RHEA E. BURNS, JR. v. NEW YORK LIFE INSURANCE COMPANY Appeal from the Circuit Court for Knox County No. 2-238-95 Hon. Harold Wimberly,

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

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT Filed 10/11/13 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT ED AGUILAR, Plaintiff and Respondent, v. B238853 (Los Angeles County

More information

IN THE COURT OF APPEALS OF MONTGOMERY COUNTY, OHIO THE ESTATE OF RONALD R. WERTS : C.A. CASE NO. 22824 : T.C. CASE NO. 05EST349

IN THE COURT OF APPEALS OF MONTGOMERY COUNTY, OHIO THE ESTATE OF RONALD R. WERTS : C.A. CASE NO. 22824 : T.C. CASE NO. 05EST349 [Cite as In re Estate of Werts, 2009-Ohio-3120.] IN THE COURT OF APPEALS OF MONTGOMERY COUNTY, OHIO IN THE MATTER OF: : THE ESTATE OF RONALD R. WERTS : C.A. CASE NO. 22824 : T.C. CASE NO. 05EST349 : (Civil

More information

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

SUPREME COURT OF MISSOURI en banc

SUPREME COURT OF MISSOURI en banc SUPREME COURT OF MISSOURI en banc In re the Marriage of Tanya L. Lindhorst and Eric J. Lindhorst; Tanya L. Lindhorst, n/k/a Tanya L. Templeton, Appellant, v. No. SC90996 Eric J. Lindhorst, Respondent.

More information

IN THE SUPREME COURT OF MISSISSIPPI NO. 2012-CA-01714-SCT

IN THE SUPREME COURT OF MISSISSIPPI NO. 2012-CA-01714-SCT IN THE SUPREME COURT OF MISSISSIPPI MEMORIAL HOSPITAL AT GULFPORT v. NO. 2012-CA-01714-SCT IN THE MATTER OF THE GUARDIANSHIP OF NICHOLAS PROULX, A MINOR BY AND THROUGH HIS FATHER, TIMOTHY PROULX AND HOPE

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS ALLSTATE INSURANCE COMPANY, Plaintiff/Counterdefendant- Appellant, UNPUBLISHED January 23, 2007 v No. 260766 Oakland Circuit Court A&A MEDICAL TRANSPORTATION LC No. 02-039177-CZ

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

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

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

CASE NO. 1D09-2525. Robert B. George and Christian P. George of Liles, Gavin, Costantino, George & Dearing, P. A., Jacksonville, for Appellees.

CASE NO. 1D09-2525. Robert B. George and Christian P. George of Liles, Gavin, Costantino, George & Dearing, P. A., Jacksonville, for Appellees. IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA CINDY L. SOREL, n/k/a CINDY L. EBNER, CASE NO. 1D09-2525 Appellant, v. TROY CHARLES KOONCE and COMCAST OF GREATER FLORIDA/GEORGIA, INC.,

More information

In The Court of Appeals Seventh District of Texas at Amarillo

In The Court of Appeals Seventh District of Texas at Amarillo In The Court of Appeals Seventh District of Texas at Amarillo No. 07-13-00321-CV KENNY SCHUETTE, APPELLANT V. CORY COLTHARP AND TAMIE COLTHARP, APPELLEES On Appeal from the 99 TH District Court Lubbock

More information

Krauser, C.J. Zarnoch, Reed,

Krauser, C.J. Zarnoch, Reed, UNREPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 1027 September Term, 2013 RONALD G. CHAMBERS v. COLIN M. BULEY Krauser, C.J. Zarnoch, Reed, JJ. Opinion by Zarnoch, J. Filed: December 29, 2014

More information

IN THE SUPREME COURT OF MISSISSIPPI NO. 2013-IA-00181-SCT

IN THE SUPREME COURT OF MISSISSIPPI NO. 2013-IA-00181-SCT IN THE SUPREME COURT OF MISSISSIPPI NO. 2013-IA-00181-SCT VICKSBURG HEALTHCARE, LLC d/b/a RIVER REGION HEALTH SYSTEM v. CLARA DEES DATE OF JUDGMENT: 01/22/2013 TRIAL JUDGE: HON. ISADORE W. PATRICK, JR.

More information

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE May 16, 2001 Session

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE May 16, 2001 Session IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE May 16, 2001 Session STEVE EDWARD HOUSTON v. STATE OF TENNESSEE Direct Appeal from the Circuit Court for Giles County No. 9082 Robert L. Jones,

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

2014 IL App (3d) 130375-U. Order filed January 9, 2014 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2014 ) ) ) ) ) ) ) ) ) ) ) ORDER

2014 IL App (3d) 130375-U. Order filed January 9, 2014 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2014 ) ) ) ) ) ) ) ) ) ) ) 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. 2014 IL App (3d 130375-U Order filed

More information

IN THE COURT OF APPEALS OF TENNESSEE EASTERN SECTION AT KNOXVILLE -----------------------------------------------------------------------------

IN THE COURT OF APPEALS OF TENNESSEE EASTERN SECTION AT KNOXVILLE ----------------------------------------------------------------------------- IN THE COURT OF APPEALS OF TENNESSEE EASTERN SECTION AT KNOXVILLE ----------------------------------------------------------------------------- BOBBY R. REED, ) ) KNOX CIRCUIT Plaintiff/Appellee ) ) No.

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

Case Survey: Villines v. North Arkansas Regional Medical Center 2011 Ark. App. 506 UALR Law Review Published Online Only

Case Survey: Villines v. North Arkansas Regional Medical Center 2011 Ark. App. 506 UALR Law Review Published Online Only THE COURT OF APPEALS OF ARKANSAS HOLDS THAT SUMMARY JUDGMENT IS IMPROPER WHEN QUESTIONS OF MATERIAL FACT ARRISE IN MEDICAL MALPRACTICE ACTIONS In Villines v. North Arkansas Regional Medical Center, 1 the

More information

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA ALFA VISION INSURANCE CORPORATION, v. Appellant, TAMPA CHIROPRACTIC CENTER a/a/o VICTOR GUE, CASE NO.: 2011-CV-87 Lower

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA FOR PUBLICATION ATTORNEY FOR APPELLANT: TODD I. GLASS Fine & Hatfield Evansville, Indiana ATTORNEYS FOR APPELLEES: MARK F. WARZECHA DAVID E. GRAY Bowers Harrison, LLP Evansville, Indiana IN THE COURT OF

More information

COURT OF APPEALS KNOX COUNTY, OHIO FIFTH APPELLATE DISTRICT

COURT OF APPEALS KNOX COUNTY, OHIO FIFTH APPELLATE DISTRICT [Cite as Hume v. Hume, 2014-Ohio-1577.] COURT OF APPEALS KNOX COUNTY, OHIO FIFTH APPELLATE DISTRICT SANDRA HUME, nka PRESUTTI : JUDGES: : : Hon. William B. Hoffman, P.J. Plaintiff - Appellee : Hon. Sheila

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