This oral argument was rescheduled from March 24.

FRANKFORT, Ky., March 30, 2026 – The Kentucky Court of Appeals will convene Tuesday, April 7, in Shelbyville to hear oral arguments in a civil case on appeal from Shelby County Circuit Court. Proceedings are open to the public and will take place at 10:30 a.m. EDT in Courtroom C of the Shelby County Judicial Center, 401 Main St.

Court of Appeals Chief Judge Larry E. Thompson and Court of Appeals Judges Sara Walter Combs and Audra J. Eckerle will hear James Ivy v. Ontrac, Inc. D/B/A Blitz Builders, Inc. and a cross-appeal. 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, April 7
10:30 a.m. EDT
JAMES IVY v. ONTRAC, INC. D/B/A BLITZ BUILDERS, INC.
AND
ONTRAC, INC. D/B/A BLITZ BUILDERS, INC. v. JAMES IVY
AND
JAMES IVY v. ONTRAC, INC. D/B/A BLITZ BUILDERS, INC.
2024-CA-1275, 2024-CA-1344, 2025-CA-0429

Access links to case briefs at https://kcoj.info/COAApril2026.

Presiding Judge: Hon. Audra J. Eckerle
Associate Judges: Hon. Sara W. Combs and Hon. Larry E. Thompson

Arising from a breach of contract dispute concerning the construction of a pole barn, this appeal and cross-appeal challenge the Shelby Circuit Court’s order awarding Appellee/Cross Appellant (“Builder”) a reduced amount of its requested attorneys’ fees and denying Appellant/Cross-Appellee (“Owner”) entitlement to his attorneys’ fees. Owner’s appeal raises the following issues: (1) the applicability of the unilateral attorneys’ fees provision contained within the parties’ building contract; (2) whether said provision is unenforceable as unconscionable or in contravention of public policy; and (3) whether Owner is entitled to recover attorneys’ fees as a matter of equity. Builder’s cross-appeal challenges the amount of fees the Shelby Circuit Court awarded. Builder’s cross-appeal raises the following issues: (1) whether Builder is entitled to the full amount of its reasonable attorneys’ fees in defense of Owner’s lawsuit pursuant to the building contract or KRS 411.195; and (2) whether Builder provided the Shelby Circuit Court with sufficient evidence supporting the reasonableness of its requested attorneys’ fees.

Shelby County, Hon. Melanie Brummer

Attorney for Appellants: Cyrus Gilmore Dutton, III
Attorney for Appellees: Chad Richard Wadlington

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