2015 Bob Miller posthumously honored:
In April 2015 The American College of Equine Attorneys posthumously inducted Bob Miller into their “Hall of Fame”.
Frank D. Marcum v. Hon. E. Scorsone, Judge (2014-SC-172-MR Fayette Circuit April 2, 2015)
The trial court disqualified the firm from continuing to represent certain shareholders because it had previously represented the Board of the entity of which they are shareholders. A writ of prohibition was requested from the Court of Appeals to prevent the enforcement of the trial court’s disqualification order which was denied. The Supreme Court accepted […]
Veitch v. Public Protection Cabinet, et al., Franklin Circuit Court, 13-CI-895 (November 26, 2014)
Chief State Steward of the Kentucky Horse Racing Commission was terminated. The termination was upheld by the Kentucky Personnel Board. On judicial appeal of agency action, the Franklin Circuit Court reversed the termination, reinstated the Chief Steward with recovery of back pay. Personnel board/chief state steward/racing commission Read more ›
The Speaquess Group, LLC (d/b/a Jamba Juice) v. Fayette Mall SPE, LLC, (2014-CA-1508, Fayette District Court 2014)
A business in the mall was evicted based upon a repeated failure to timely pay rent. The district court in a forcible detainer proceeding noted that its jurisdiction was limited to nonpayment of rent (not other breach of contract claims) but proceeded with the eviction. The Circuit court sitting as the first level of appellate […]
Sotingeanu v. Benton, COA 2013-CA-1060 (Whitley Circuit Court, October 24, 2014)
Parents who never married presented an issue of whether a trial court’s order directing and authorizing one parent to obtain a passport for their minor child was an enforceable order. The mother argued that the order was a modification of the custody decree without proper findings of fact and conclusions of law. On appeal the […]
Vickie Basile, et al. v. Canewood Golf Villas HOA, (Scott Circuit Court August 12, 2014)
Townhome owners sued for declaration by the Scott Circuit Court that the homeowners’ association governing the 77 townhome development did not have any right, responsibility or jurisdiction over their units or lots. The court held that there were no covenants, restrictions or conditions filed in the record with respect to the Plaintiffs’ units because the […]
Gulf Coast Farms, LLC, et al. v. Fifth Third Bank Fayette Circuit Court 11-CI-88
Fifth Third Bank sought to enforce banking agreements that included pledges of equine collateral. Gulf Coast attempted to prove that the terms of the agreement with the lender were different than contained within the documents executed by the parties. The trial court ruled in favor of Fifth Third by Opinion and Partial Summary Judgment entered […]
Anderson Park Lake v. Okolona Plumbing and MSD, (2013-CA-288 & 1034 and 1083, Jefferson Circuit Court)
Plumber installed new underground water supply to apartment buildings under renovation by new owner. After several years owner determined that the water line installation was defective as joints in the pipes burst from having been overtightened at installation. No visible evidence existed of the harm until a puddling of water in common area outside a […]
Charles T. Creech, Inc. v. Brown and Standlee, 433 S.W.2d 345 (Ky. 2014) (2012-SC-651-DG) (2011-CA-629)(09-CI-779) Fayette Circuit Court
In a case that traversed from trial court, to court of appeals, back to the trial court, back to the court of appeals and then to supreme court, Kentucky’s highest court changed the law on noncompetition agreements and the consideration required for an enforceable restrictive covenant. Company sued former employee and his new employer […]
Pannell v. Shannon, 425 S.W.2d 58 (Ky. March 20, 2014)
Landlord sued to enforce commercial lease against tenant. Tenant had allowed her limited liability company to be administratively dissolved and entered into an amended lease with landlord in her individual name. The parties did not use attorneys for the preparation or execution of the amended lease and merely struck through the price and square footage […]