Kentucky Court of Appeals issues 24 important decisions on Jan. 23.

LawReader subscribers may view these decisions with synopsis at: COURT OF APPEALS DECISIONS FOR JAN. 23, 2009   – Non-subscribers may sign up at:  SIGN UP – PRICING
IMPORTANT TOPICS COVERED THIS WEEK. 
TECHNICAL FORM OF PLEADINGS NOT REQUIRED-IF PLEADING INCOMPLETE MOTION FOR MORE DEFINITE STATEMENT POSSIBLE-PUBLIC OFFICIAL QUALIFIED IMMUNITY-
WORKER’S COMPENSATION –DISABILITY BENEFITS –ALJ NOT BOUNDY BY SOCIAL SECURITY FINDING
CLAIM NOT SUBJECT TO RES JUDICATA AFTER DISMISSAL FOR LACK OF JURISDICTION IN FEDERAL COURT AND REFILED IN STATE COURT
CHILD CUSTODY –MARTIAL DIVISION OF PROPERTY-AWARD OF EXEMPT PENSION PLAN-OFFSET
RAILROAD CROSSINGS-PRIVATE CROSSING-PUBLIC CROSSING-ULTRAHAZORDOUS CROSSING-LEGAL CAUSATION FOR NEGLIGENCE- SUMMARY JUDGMENT 
FAILURE TO RESPOND TO REQUEST FOR ADMISSION-SUMMARY JUDGMENT
SALE OF JOINTLY OWNED PROPERTY -60.02 MOTION-MOTION TO INTERVENE-APPEAL-SUMMARY JUDGMENT-JUDICIAL SALE
CONTINUANCE OF DVO HEARING-COURT HAS OPTION TO DENY REQUEST FOR DISMISSAL OF DVO ORDER AFTER A HEARING
STATUTE OF LIMITATIONS FOR OUT OF STATE CLAIM VS. KENTUCKY STATUTE –STATUTE OF LIMITATIONS FOR CHILD SUPPORT-STATUTEOF LIMITATIONS ON ORAL CONTRACT
inadequate findings of fact to support child visitation limitation-physical health of parent can be considered
release of 911 call on open records request
child custody presumption – court can consider smoking around child by parent in determining best interest of child
alj is finder of facts-substantial evidence supports finding
11.42 motion
worker’s compensation-appellant died and attorney did not inform court-jurisdiction of court of appeals when action  is abated by death of party- procedure for revival of claim-dismissal of Boards order        
appeal improper as appellee was not party to underlying civil action
harmless error regarding statement by judge and deputy
review standard for restitution order of trial court
probable cause to make traffic stop of suspect      
jurisdiction for custody and visitation may be different than jurisdiction for child support – the theory of ‘divisible divorce’
60.02 motion-11.42 motion-recusal of judge-error for court to allow prosecutor to be witness-evidentiary hearing required on remand
unprofessional conduct by attorneys in briefs- trafficking in drugs includes exchange without monetary consideration
 

 

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