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Notice of Appeal Cannot be Electronically Filed in Termination of Parental Rights (“TPR”) Cases.
CHFS v. D.W. Case No. 2022-SC-0521-DGE Jefferson Family Court Opinion by Justice Conley Date Rendered: December 14, 2023 Issue: Whether electronically filed notice of appeal in termination of parental rights matter is timely when it was filed in the incorrect matter. On July 20, 2021, the Family Court issued a written final order terminating the…
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Trial Court Erred by Awarding 100% of Post-Separation Increases to Husband
Thielmeier v. Thielmeier Case No. 2021-SC-0532-DG Jefferson Circuit Court Opinion by Lambert Date Rendered: December 15, 2022 Issue: Whether the family court abused its discretion by awarding husband 100 percent of the amount by which two marital assets increased in value during the two-and-a-half-year period between the parties’ separation and the date of the decree…
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Kentucky Supreme Court Overturns Court of Appeal’s, Upholds Circuit Court’s Modification of Maintenance Based Upon Changed Circumstances and Award of Attorney Fees.
Mahl v. Mahl Case Nos. 2021-SC-0481-DG and 2021-SC-0487-DG Appeals from Jefferson Circuit Court Opinion by Bisig, Judge Date Rendered: April 27, 2023 Issue: Whether Substantial and Continuing Change in Circumstances existed Warranting Modification of Maintenance Award, and Whether Failure to Name Attorney as a Party to an Appeal of and Award of Attorney Fees could…
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Kentucky Supreme Court Holds Zoom Testimony Violated Defendant’s Sixth Amendment Right of Confrontation Afforded by the U.S. Constitution Without Showing of Necessity
Campbell v. Commonwealth Case No. 2021-SC-0479-MR Appeal from Adair Circuit Court Opinion by Conley, Judge Date Rendered: April 27, 2023 Issue: Whether Circuit Court Erred by allowing a witness to testify via zoom in violation of the Defendant’s Sixth Amendment Right to Confrontation. Circuit Court found Defendant guilty of violating a Domestic Violence Order and…
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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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- Family Court (rather than Circuit Court) was Proper Forum for Claims Arising out of the Former Marriage of Parties
- United States Supreme Court Upholds Federal Statute Prohibiting Individuals Subject to Domestic Violence Orders from Possessing Firearms as Constitutional
- Supreme Court Strictly Enforces Rules of Appellate Procedure
- Family Court Violated Father’s Express Due Process Rights under KRS 403.300(3) by Allowing Testimony and Admitting Friend of the Court Report After Prohibiting Father from Taking the Deposition of Children’s Therapist Prior to Hearing
- Order Lacking CR 54.02 Finality Language Is Final When All Issues Are Resolved
