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Family Court Order Did Not Err in Finding Custody Agreement Giving Mother Final Decision-Making Authority over Educational and Medical Decisions Requires Mother’s Decisions to be Reasonable and not Prejudicial to Father’s Rights as Joint Custodian.
Swan v. Gatewood Case No. 2022-CA-0202-MR Fayette Family Court Decided by Combs, Easton, and Eckerle Judges. Opinion by Eckerle, Judge Date Rendered: June 9, 2023 Issue: Whether Mother’s Final Decision-Making Authority Regarding Educational and Medical Decisions is Subject to Judicial Review for Reasonableness. Mother and Father disagreed about where to send minor Child to kindergarten.…
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Barren Circuit Court Affirmed in Holding Cabinet for Health and Family Services in Contempt
…compensatory penalties are within the scope of civil contempt, where one purpose of civil contempt is to compensate for the losses the noncompliance occasioned.
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Plaintiff/Petitioner Cannot Voluntarily Dismiss Action After Answer/Response Has Been Served; CR 37.02(3) Does Not Permit Sanctions Against Non-Parties
Megronigle v. Allstate Prop. & Cas. Ins. Co. Case No. 2021-SC-0196-DG Jefferson Circuit Court Decided by VanMeter, Conley, Keller, Lambert, Nickell, McTighe, and Reynolds Opinion by VanMeter Date Rendered: June 15, 2023 Issue: Whether a plaintiff/petitioner may unilaterally dismiss an action after an answer/response has been served. Issue: Whether a non-party can be ordered to…
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CR 41.01 Not Effective to Dismiss Petition for Order of Protection Post-Judgment; CR 60.02 May Be Effective to Dismiss for “Extraordinary Reasons” or Clear Legal Necessity
CR 41.01 implicitly only applies to matters prior to a final judgment, noting that the rule allowing for a party to enter a notice of dismissal operating as an adjudication of the merits under some circumstances does not apply where the court has already adjudicated the merits of a case itself and entered judgment
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Grandmother’s Motion to Intervene in Adoption Properly Denied
D.B. v. T.C.W. Case NO. 2022-CA-1281-ME MERCER CIRCUIT COURT Decided by ACREE, GOODWINE, AND LAMBERT, JUDGES Opinion by ACREE, JUDGE Date Rendered: September 1, 2023 Issue: Whether Grandmother’s Motion to Intervene in Grandchild’s adoption proceeding was erroneously denied. Parents were both incarcerated at birth of the minor child. Grandmother was unable to accept placement of…
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