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Court of appeals to hear local case

From Kentucky Court of Appeals

FRANKFORT, Ky., Feb. 10, 2026 – The Kentucky Court of Appeals will convene Tuesday, Feb. 17, in Salyersville to hear oral arguments in a 2025 civil case on appeal from Magoffin County Circuit Court. Proceedings are open to the public and will take place at 11 a.m. EST in the Family Court Courtroom at the Magoffin County Courthouse, 100 E. Maple St.

Court of Appeals Judges Glenn E. Acree, Audra J. Eckerle and Annette C. Karem will hear Ricky Nelson, A/K/A Rick Howard et al. v. Frank Howard T.V. Cable, Inc., et al. Judge Eckerle will preside.

Nearly all cases heard by the Kentucky Court of Appeals come to it on appeal from a lower court. If a case is tried in Circuit Court or District Court and the losing parties involved are not satisfied with the outcome, they may ask for a higher court to review the correctness of the trial court’s decision. Some cases, such as criminal case acquittals and divorces, may not be appealed. In a divorce case, however, child custody and property rights decisions may be appealed. Cases are not retried in the Court of Appeals.

Only the record of the original court trial is reviewed, with attorneys presenting the legal issues to the court for a decision.

Fourteen judges, two elected from each of seven appellate court districts, serve on the Court of Appeals. The judges are divided into panels of three to review and decide cases, with the majority determining the decision. The panels do not sit permanently in one location but travel throughout the state to hear cases.

Oral arguments
Tuesday, Feb. 17, 2026
11 a.m. EST
RICKY NELSON HOWARD, A/K/A RICK HOWARD ET AL. v. FRANK HOWARD T.V. CABLE, INC., ET AL.
2025-CA-0459

Presiding Judge: HON. AUDRA J. ECKERLE
Associate Judges: HON. GLENN E. ACREE and HON. ANNETTE C. KAREM

This appeal arises from a family dispute regarding ownership of real property. In 2007, appellant’s mother allegedly signed a deed of conveyance transferring ownership to appellant, one of her nine children, without informing the others. Appellant did not record the deed until six years later, in early 2013. The mother died testate later that same year, devising all property to her children equally. The appellee siblings subsequently challenged the validity of the deed before a Magoffin County jury, arguing that the deed was forged, and the subject property must be divided equally pursuant to their mother’s will. Ultimately, the jury found the deed invalid. On appeal, appellant asserts that his siblings lacked standing to challenge the deed, and their claims are time-barred by the applicable statute of limitations. Appellant also alleges error in the Trial Court’s refusal to estop the siblings’ claims based upon witness testimony that the mother’s signature on her will was forged.

MAGOFFIN County, HON. KIM C. CHILDERS

Attorney for Appellants: Eldred E. Adams, Jr.
Attorneys for Appellees: James Richard Tanner Hesterberg, Ryan Douglas Mosley, and Larry Dean Brown

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