NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 20-JUN-2025 07:58 AM Dkt. 63 SO NO. CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI‘I MERVINA KAUKINI MAMO CASH-KAEO, Plaintiff-Appellee, v. GUY K. BARRETT; RONETTE BARRETT, Defendants-Appellants, DUSTIN K. BARRETT; SHEENA ANN BARRETT; RICHARD BARRETT; LEZLEY K. BARRETT aka LEZLEY BRADBURY, Defendants-Appellees, and JOHN DOES 1-10; JANE DOES 1-10; DOE PARTNERSHIPS 1-10; DOE CORPORATIONS 1-10; and DOE ENTITIES 1-10, Defendants APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT WAI‘ANAE DIVISION (CASE NO. 1DRC-XX-XXXXXXX) SUMMARY DISPOSITION ORDER (By: Hiraoka, Presiding Judge, Nakasone and Guidry, JJ.) Defendants-Appellants Guy K. Barrett and Ronette Barrett (collectively, the Barretts) appeal from the District Court of the First Circuit's (district court)1 May 17, 2022 Judgment for Possession. They raise three points of error, contending that the district court abused its discretion when: 1 The Honorable Darolyn H. Lendio entered the Judgment for Possession. The Honorable Michelle N. Comeau presided over the April 26, 2022 hearing on Plaintiff-Appellee Mervina Kaukini Mamo Cash-Kaeo's (Cash- Kaeo) motion for summary judgment (MSJ).  NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER (1) "it defaulted [the Barretts] for [their] non[-]appearance [at the MSJ hearing] where the facts show [the Barretts had] defended themselves in this action by retaining counsel" who "made eight court appearances at hearings in defense of [the Barretts]"; (2) "it applied the extreme sanctions methodology" by entering default judgment against the Barretts "for the failure of their counsel to appear at the hearing on [Cash- Kaeo's] [MSJ]"; and (3) "it allowed the hearing on [Cash-Kaeo's] [MSJ] to proceed without first addressing [counsel's] non[- ]appearance at this hearing." Upon careful review of the record and the briefs submitted by the parties, and having given due consideration to the arguments advanced and the issues raised, we resolve the Barretts' appeal as follows. The Barretts contend that the district court entered default judgment against them pursuant to District Court Rules of Civil Procedure (DCRCP) Rule 55. The record reflects, however, that the district court entered the May 17, 2022 Judgment for Possession against the Barretts because Cash-Kaeo demonstrated she was entitled to summary judgment as a matter of law under DCRCP Rule 56. Pursuant to DCRCP Rule 56(c), a motion for summary judgment may be granted "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no 2  NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." We review the grant or denial of summary judgment de novo. Kanahele v. State, 154 Hawaiʻi 190, 201, 549 P.3d 275, 286 (2024). The Barretts point to no evidence in the record indicating a genuine issue of material fact disputing that Cash- Kaeo is the sole surviving lessee of the subject property, and that Cash-Kaeo is therefore entitled to judgment of possession against the Barretts as a matter of law. The Barretts also cite no authority indicating the district court was required to address their counsel's non-appearance at the MSJ hearing before it could grant the MSJ. Even if the district court was required to do so, the Barretts fail to identify any legal theory or issue of fact that could have or would have been presented in opposition to the MSJ to defeat the motion. We therefore conclude the district court did not err in granting the MSJ, and affirm the May 17, 2022 Judgment for Possession. DATED: Honolulu, Hawaiʻi, June 20, 2025. On the briefs: /s/ Keith K. Hiraoka Presiding Judge Barry L. Sooalo, for Defendants-Appellants. /s/ Karen T. Nakasone Associate Judge Jay T. Suemori, for Plaintiff-Appellee. /s/ Kimberly T. Guidry Associate Judge

RENDERED: JUNE 20, 2025; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2024-CA-1311-MR KHALIL COLEMAN APPELLANT APPEAL FROM FRANKLIN CIRCUIT COURT v. HONORABLE THOMAS D. WINGATE, JUDGE ACTION NO. 23-CI-00759 KENTUCKY GENERAL ASSEMBLY APPELLEE OPINION AFFIRMING ** ** ** ** ** BEFORE: THOMPSON, CHIEF JUDGE; ACREE AND A. JONES, JUDGES. ACREE, JUDGE: Appellant Khalil Coleman appeals from the Franklin Circuit Court’s order dismissing his complaint against Appellee, the Kentucky General Assembly. Finding no error, we affirm. BACKGROUND Khalil Coleman, a state inmate, filed a pro se lawsuit seeking a declaration regarding certain sections of the Kentucky Revised Statutes. He named the General Assembly of Kentucky as the sole defendant. The General Assembly moved to dismiss the action, arguing Coleman failed to state a claim, and alternatively, if Coleman had stated a claim, the General Assembly is shielded by legislative immunity under Section 43 of the Kentucky Constitution. The Franklin Circuit Court granted the General Assembly’s motion to dismiss for failure to state a claim and declined to assess the immunity defense. Coleman now appeals. ANALYSIS We review de novo a motion to dismiss for failure to state a claim upon which relief may be granted. Davenport Extreme Pools and Spas, Inc. v. Mulflur, 698 S.W.3d 140, 150 (Ky. App. 2024). Trial courts must construe pleadings “in a light most favorable to the plaintiff.” Gall v. Scroggy, 725 S.W.2d 867, 869 (Ky. App. 1987) (citing Ewell v. Central City, 340 S.W.2d 479 (Ky. 1960)). In response to a pleading, a party to an action may present the defense of a failure to state a claim upon which relief can be granted by a pre-answer motion. CR1 12.02(f). The General Assembly presented that defense, arguing Coleman’s complaint “does not state any cognizable legal theory related to the General Assembly and alleges no sufficient facts to support one. In fact, the Complaint 1 Kentucky Rules of Civil Procedure. -2- does not even allege any action or inaction by the General Assembly as a body or by its individual members.” (Record (R.) at 55.) Coleman argues his “declaration of rights petition did in fact state several claims, which should have rendered right to relief.” (Appellant’s Brief at 4.) However, even on appeal, Coleman fails to state any claims against the General Assembly. As he did before the Franklin Circuit Court, he again argues that certain statutes are unconstitutional but does not aver in his brief before this Court sufficient facts that would allow the General Assembly to respond with a rational, cogent answer. He asserts no specific wrongdoing by the General Assembly. Rather, he requests that this Court “evoke legislative intent [and] redact statute [sic] of controversy affecting [his] rights.” (Appellant’s Br. at 6.) Although the General Assembly did not submit an Appellee’s Brief, we take that non- response as an expression of its belief there is nothing warranting a response on appeal. While we respect Coleman’s activism, bringing an action against the General Assembly is not a means by which such change can be effectuated. Existence of an actual controversy is a fundamental component of an action. “The court will not decide speculative rights or duties which may or may not arise in the future, but only rights and duties about which there is a present actual controversy presented by adversary parties, and in which a binding judgment concluding the -3- controversy may be entered.” Foley v. Commonwealth, 306 S.W.3d 28, 31 (Ky. 2010) (quoting Veith v. City of Louisville, 355 S.W.2d 295, 297 (Ky. 1962)). “An actual controversy . . . does not involve a question which is merely hypothetical or an answer which is no more than an advisory opinion.” Barrett v. Reynolds, 817 S.W.2d 439, 441 (Ky. 1991). Coleman’s request that the Court redact certain statutes is not an actual controversy. Neither is his request that the Court actually issue an advisory opinion, which we are prohibited from rendering. Nordike v. Nordike, 231 S.W.3d 733, 739 (Ky. 2007) (citations omitted) (“It is a fundamental tenet of Kentucky jurisprudence that courts cannot decide matters that have not yet ripened into concrete disputes. Courts are not permitted to render advisory opin

If this opinion indicates that it is “FOR PUBLICATION,” it is subject to revision until final publication in the Michigan Appeals Reports. STATE OF MICHIGAN COURT OF APPEALS DESIREE DURGA and JUSTIN DURGA, UNPUBLISHED August 13, 2025 Plaintiffs-Appellees, 9:04 AM v No. 371891 Benzie Circuit Court MEMBERSELECT INSURANCE COMPANY, LC No. 23-012025-CZ Defendant-Appellant. Before: O’BRIEN, P.J., and BOONSTRA and WALLACE, JJ. PER CURIAM. This action arises out of a motor vehicle accident that occurred in June 2023, when plaintiff Desiree Durga was driving a Chevrolet Silverado that was involved in a collision with another motor vehicle. This accident resulted in extensive damage to the Silverado, which was insured by defendant MemberSelect Insurance Company (MemberSelect). Plaintiffs alleged that defendant breached their automobile insurance contract when it rescinded their policy based upon an allegation that Desiree Durga made a fraudulent misrepresentation in the application process. The trial court entered a July 2, 2024 amended order granting plaintiffs’ motion for summary disposition on their breach of contract claim pursuant to MCR 2.116(C)(10) and denying defendant’s cross-motion for summary disposition in which it had argued that it was entitled to rescind the policy. On July 9, 2024, the court entered an order of judgment in favor of plaintiffs in the amount of $82,476.04, and this appeal of right by defendant followed. We affirm. I. FACTS As a result of plaintiff Justin Durga having two or more substance abuse convictions in seven years, his Michigan operator’s license was mandatorily revoked from June 9, 2007 “until requirements have been met.” MCL 257.303(2)(c). -1-  In June 2012, plaintiff Justin Durga’s wife, Desiree, applied to obtain automobile insurance from defendant MemberSelect for a Jeep Grand Cherokee that she owned.1 According to plaintiff Desiree Durga, “[a]t that time I fully disclosed to AAA that my husband, Justin Durga, did not have a valid driver’s license.”2 Defendant’s insurance records reflect that plaintiffs have been “AAA Insured” since June 29, 2012. While defendant MemberSelect claims that Desiree Durga’s application for insurance contained a material misrepresentation, it has not produced a copy of her June 2012 application in this case. In response to a request for production of documents seeking to have defendant “[p]roduce the application for insurance that Plaintiff(s) filed with Defendants for the Policy,” defendant responded “This application for insurance no longer exists.” In the lower court, MemberSelect relied upon two documents, a “New Declaration Certificate” (certificate), and an “Automobile Application Addendum and Authorization” (addendum), the latter of which was only signed by AAA sales representative, Jeanine Michalski, at 9:53AM on February 25, 2013. Under a line item labeled “Driver Type,” the certificate states that Desiree Durga is “ASSIGNED”3 and Justin Durga is “NOT LICENSED”; and under another line item labeled “Years Licensed” it states “7” for Desiree Durga and “0” for Justin Durga. Contrarily, in the addendum, next to a line asking “Do all drivers have a valid driver’s license including drivers 16 years of age with a graduated license?” the box marked “Yes” is checked. Again, the addendum reflects a signature by Jeanine Michalski on the “Sales Representative” line, but the “Signature of Applicant” line above it is blank. In her affidavit, Desiree Durga’s avers that “I never stated that Justin Durga had a valid driver’s license, nor did I ever prepare or sign this Addendum.” The addendum indicates that the Durgas carried automobile insurance with Farmers Insurance Exchange through March 15, 2013, and consistent with the certificate, it appears MemberSelect first insured Desiree Durga’s Jeep for the February 25, 2013-August 25, 2013 policy term. This policy was renewed and continued for ten years through the February 25, 2023- August 25, 2023 term at issue in this litigation. Desiree Durga’s affidavit also avers that “every renewal from AAA or MemberSelect continued to state that Justin Durga was not licensed—as 1 The policy of insurance that was in effect on the date of the accident was issued by defendant MemberSelect. In various documents prepared by defendant in this matter, including documents sent to plaintiffs, it refers to itself as “MemberSelect Insurance Company,” “AAA In

If this opinion indicates that it is “FOR PUBLICATION,” it is subject to revision until final publication in the Michigan Appeals Reports. STATE OF MICHIGAN COURT OF APPEALS NICK MERRIFIELD and MERRIFIELD UNPUBLISHED MACHINERY SOLUTIONS, August 12, 2025 10:19 AM Plaintiffs-Appellants, v No. 368355 Oakland Circuit Court ATS ADVISORS, JAMES SULLIVAN, and LC No. 2021-191816-NM SHANE RANDELL, Defendants-Appellees. Before: REDFORD, P.J., and RIORDAN and BAZZI, JJ. PER CURIAM. In this accounting malpractice action, plaintiffs, Nick Merrifield (“Merrifield”) and Merrifield Machinery Solutions (“MMS”) (collectively “plaintiffs”), appeal as of right from an October 18, 2023 order, which dismissed plaintiffs’ first-amended complaint in favor of defendants, ATS Advisors, James Sullivan (“Sullivan”), and Shane Randell (“Randell”) (collectively “defendants”). On appeal, plaintiffs challenge the trial court’s July 12, 2023 order, which granted summary disposition in favor of defendants on plaintiffs’ original complaint under MCR 2.116(C)(10) (no genuine issue of material fact). We affirm in part, reverse in part, and remand to the trial court for further proceedings. I. BACKGROUND In 2007, Merrifield opened MMS, which provided service and repair work for “CNC milling and turning machinery.” Richard Rohn (“Rohn”) later became part owner of MMS. According to Merrifield, Rohn had the primary responsibility for MMS’s finances and accounting, including a line of credit from Oxford Bank. In 2017, MMS hired defendants. According to Sullivan, ATS Advisors’ owner, ATS Advisors was hired to prepare tax returns based on information received from MMS’s representatives. Randell, a certified public accountant (CPA) who worked for ATS Advisors, helped prepare certain tax returns for MMS. He also served as MMS’s interim controller for a brief period of time. -1-  In late 2018, or early 2019, Merrifield decided that he no longer wanted to partner with Rohn. Merrifield, who admittedly was not “intimately familiar” with MMS’s “books,” did not consult with legal counsel, or other professionals, to determine MMS’s value. After Merrifield and Rohn entered into a purchase agreement, and Merrifield paid Rohn a portion of the agreed price for his ownership interest in MMS, Merrifield discovered that there were issues with MMS’s financial reports. It also was discovered that MMS fell “out of formula” on its line of credit with Oxford Bank. MMS hired a turnaround expert, Fred Leeb (“Leeb”), and CPA Ronald Schlaupitz (“Schlaupitz”) to address MMS’s accounting issues. Meanwhile, Rohn and Merrifield reached a new agreement concerning the amount Merrifield would pay Rohn for his ownership in MMS. In September 2021, plaintiffs filed suit against defendants, alleging accounting malpractice and breach of fiduciary duty. Plaintiffs alleged that they sustained myriad damages, including: (1) tax penalties and interest; (2) an Internal Revenue Services (IRS) audit and associated expenses; (3) attorney fees and costs; (4) accounting fees; and (5) overpayment by Merrifield for Rohn’s ownership interest in MMS. Defendants answered the complaint, and they generally denied liability. Discovery commenced. In May 2023, defendants moved for summary disposition, arguing that plaintiffs could not establish causation or damages. Plaintiffs opposed the motion, arguing that genuine issues of material fact existed for trial. In so arguing, plaintiffs generally referred to the entirety of Schlaupitz’s deposition transcript, which was 214 pages in length. After hearing oral arguments, the trial court granted defendants’ motion for summary disposition, concluding that plaintiffs failed to meet their burden under MCR 2.116(G)(4) to set forth specific facts showing there was a genuine issue for trial. Citing Barnard Mfg Co, Inc v Gates Performance Engineering, Inc, 285 Mich App 362, 376; 775 NW2d 618 (2009), the trial court held that it was not obligated to “scour the lower court record in search of a basis for denying the moving party’s motion.” The trial court entered the July 12, 2023 order, granting defendants’ motion for summary disposition. Plaintiffs moved for reconsideration. In doing so, they included page citations to the record evidence. Plaintiffs also filed a first amended complaint, the allegations of which are not relevant to the issues raised on appeal. Defendants opposed the motion for recons

IN THE INTERMEDIATE COURT OF APPEALS OF WEST VIRGINIA FILED FRANK MAYER, June 27, 2025 Claimant Below, Petitioner ASHLEY N. DEEM, CHIEF DEPUTY CLERK INTERMEDIATE COURT OF APPEALS OF WEST VIRGINIA v.) No. 24-ICA-462 (JCN: 2023021874) CITY OF CLARKSBURG, Employer Below, Respondent MEMORANDUM DECISION Petitioner Frank Mayer appeals the October 30, 2024, order of the Workers’ Compensation Board of Review (“Board”). Respondent City of Clarksburg (“Clarksburg”) filed a response.1 Mr. Mayer did not reply. The issue on appeal is whether the Board erred in affirming the claim administrator’s order, which denied authorization for a right reverse total shoulder arthroplasty. This Court has jurisdiction over this appeal pursuant to West Virginia Code § 51- 11-4 (2024). After considering the parties’ arguments, the record on appeal, and the applicable law, this Court finds no substantial question of law and no prejudicial error. For these reasons, a memorandum decision affirming the Board’s order is appropriate under Rule 21 of the Rules of Appellate Procedure. On May 24, 2023, while employed by Clarksburg, Mr. Mayer was mowing when he slipped and fell, landing with his leg bent underneath him. Mr. Mayer was seen at the United Hospital Center Emergency Room on the date of the injury, with a chief complaint of left knee pain and right shoulder pain. The assessment was a patella fracture and right shoulder strain. Mr. Mayer filed an Employees’ and Physicians’ Report of Occupational Injury dated May 24, 2023, indicating that he suffered an injury to his right shoulder and left leg when he was cutting grass on a hillside, and he fell when the bank gave way. The physician’s portion was signed at United Hospital Center and notes an occupational injury to the right shoulder and left knee. On May 26, 2023, Mr. Mayer was seen by William Dahl, M.D., who assessed a rupture of the left quadricep, a closed fracture of the left patella, and an injury of the right shoulder. Dr. Dahl opined that Mr. Mayer would benefit from surgical fixation of the left 1 Mr. Mayer is represented by J. Thomas Greene, Jr., Esq., and T. Colin Greene, Esq. Clarksburg is represented by James W. Heslep, Esq. 1 quadriceps rupture. The claim administrator issued an order dated May 31, 2023, holding the claim compensable for a strain of muscle, fascia, and tendon involving the right shoulder and upper arm; a strain of the left quadriceps; and a closed fracture of the left patella. Mr. Mayer was seen by Joshua Sykes, M.D., on November 27, 2023, for a follow up subsequent to a left quadriceps repair performed on June 1, 2023. Mr. Mayer reported a constant sharp, burning, and throbbing pain that he rated 5/10, and is worse with activity; that he had numbness and tingling when sitting; that his knee continued to swell; and that he was progressing with physical therapy. On December 28, 2023, Mr. Mayer underwent a CT of his right shoulder, which had the impression of severe acromioclavicular and mild glenohumeral osteoarthritis, retracted tears of the supraspinatus and infraspinatus tendons, a suspected full thickness tear of the superior bundle of the subscapularis, and suspected extensive degenerative labral tearing. On January 23, 2024, Dr. Sykes assessed Mr. Mayer with status post tendon repair, rupture of left quadriceps, and right rotator cuff tear. Dr. Sykes noted that Mr. Mayer has had a work-related shoulder tear for over twenty years that had progressed from his previous MRI. On February 7, 2024, Mr. Mayer was evaluated by Kelly Agnew, M.D. Dr. Agnew noted that Mr. Mayer has a large retracted, irreparable right rotator cuff tear, that was documented in 2003, and that this tear was never repaired. Dr. Agnew opined that there was nothing on the recent CT scan with arthrogram of the right shoulder to suggest an acute injury and that all the changes were chronic. Dr. Agnew further opined that there was no evidence of a lingering strain and that the findings were expected from the chronic rotator cuff disruption. Dr. Agnew found that Mr. Mayer had reached maximum medical improvement from the shoulder and upper arm portion of his injury. Dr. Agnew noted that Mr. Mayer had been offered total shoulder arthroplasty by Dr. Sykes, and he opined that any such treatment would be for the underlying chronic pathology that dates back to 2003; and that arthroplasty could not possibly be ascribed to any identifiable injury involving the right shoulder from May 24, 2023. Mr. Mayer followed u