Kindred Nursing Centers Ltd. P'ship v. Sloan, 329 S.W.3d 347 (Ky. Ct. App. 2010). · Go Syfert
Kindred Nursing Centers Ltd. P'ship v. Sloan, 329 S.W.3d 347 (Ky. Ct. App. 2010). Cases Citing This Book View Copy Cite
“ny findings of fact and conclusions of law made orally by the circuit court at an evidentiary hearing cannot be considered by this court on appeal unless specifically incorporated into a written and properly entered order.”
66 citation events (66 in the last 25 years) across 3 distinct courts.
Strongest positive: Robert A. Jones v. Triple Springs, Inc. (kyctapp, 2024-02-22)
Treatment trajectory · 2012 → 2026 · click a year to view as-of
2012 2019 2026
Top citers, strongest first. 42 distinct citers. How cited ↗
examined Cited as authority (quoted) Robert A. Jones v. Triple Springs, Inc. (2×) also: Cited as authority (rule)
Ky. Ct. App. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
ny findings of fact and conclusions of law made orally by the circuit court at an evidentiary hearing cannot be considered by this court on appeal unless specifically incorporated into a written and properly entered order.
discussed Cited as authority (rule) Robert Walter Boss v. Anna Michelle Boss
Ky. Ct. App. · 2026 · confidence medium
Partnership v. Sloan, 329 S.W.3d 347, 349 (Ky. App. 2010) (stating courts speak only through written orders and not through oral statements not incorporated into written orders).
cited Cited as authority (rule) 2025 - Court of Appeals - Public Opinions in Confidential Cases
Ky. Ct. App. · 2025 · confidence medium
Partnership v. Sloan, 329 S.W.3d 347, 349 (Ky. App. 2010)).
cited Cited as authority (rule) Wael I Ghanim v. May a Ghanim-Moustafa
Ky. Ct. App. · 2025 · confidence medium
Partnership v. Sloan, 329 S.W.3d 347, 349 (Ky. App. 2010)).
cited Cited as authority (rule) Michael Warren Snyder v. Paige Marie Snyder
Ky. Ct. App. · 2025 · confidence medium
Partnership v. Sloan, 329 S.W.3d 347, 349 (Ky. App. 2010).
cited Cited as authority (rule) Alexus Tishaun Walker v. Vanna R. Brittain
Ky. Ct. App. · 2025 · confidence medium
P’ship v. Sloan, 329 S.W.3d 347, 349 (Ky. App. 2010).
cited Cited as authority (rule) Signature Healthcare, LLC v. Appalachian Regional Healthcare, Inc.
Ky. Ct. App. · 2025 · confidence medium
P’ship v. Sloan, 329 S.W.3d 347, 348 (Ky. App. 2010) (citing Conseco, 47 S.W.3d at 340 ).
cited Cited as authority (rule) Brian Charles Baier v. Lori Allison Baier
Ky. Ct. App. · 2025 · confidence medium
P’ship v. Sloan, 329 S.W.3d 347, 349 (Ky. App. 2010).
cited Cited as authority (rule) Alexander Smyth v. Raberta Brianna Deaton
Ky. Ct. App. · 2025 · confidence medium
P’ship v. Sloan, 329 S.W.3d 347, 349 (Ky. App. 2010).
cited Cited as authority (rule) Brittany Paxson v. Commonwealth of Kentucky
Ky. Ct. App. · 2024 · confidence medium
Partnership v. Sloan, 329 S.W.3d 347, 349 (Ky. App. 2010) (citations omitted).
cited Cited as authority (rule) Veronica Lindsey Caudill-Engle, D.O. v. Quantum Healthcare Associates, Psc.
Ky. Ct. App. · 2024 · confidence medium
P’ship v. Sloan, 329 S.W.3d 347, 349 (Ky. App. 2010).
cited Cited as authority (rule) W.F.B. v. Cabinet for Health and Family Services
Ky. Ct. App. · 2024 · confidence medium
Partnership v. Sloan, 329 S.W.3d 347, 349 (Ky. App. 2010)).
cited Cited as authority (rule) LexFit, LLC v. Bond Street Fund 20, LLC
Bankr. E.D. Ky. · 2024 · confidence medium
Partnership v. Sloan, 329 S.W.3d 347, 349 (Ky. Ct. App. 2010).
cited Cited as authority (rule) James Maxie v. Commonwealth of Kentucky
Ky. Ct. App. · 2023 · confidence medium
Partnership v. Sloan, 329 S.W.3d 347, 349 (Ky. App. 2010) (citations omitted).
discussed Cited as authority (rule) Thomas Gaines, Individually and Derivatively on Behalf of Gaines-Gentry Thoroughbreds, LLC v. Hal Price Headley, III, as Administrator of the Estate of Olin Gentry
Ky. Ct. App. · 2023 · confidence medium
The court speaks through its orders, see Kindred Nursing Centers Limited Partnership v. Sloan, 329 S.W.3d 347, 349 (Ky. App. 2010), and our appellate review is limited to those matters which were addressed by the lower trial, Fischer v. Fischer, 197 S.W.3d 98, 102 (Ky. 2006) (citing Combs v. Knott County Fiscal Court, 141 S.W.2d 859, 860 (Ky. 1940)).
cited Cited as authority (rule) Messiah Burton v. Commonwealth of Kentucky
Ky. Ct. App. · 2023 · confidence medium
P’ship v. Sloan, 329 S.W.3d 347, 349 (Ky. App. 2010)). -9- (quoting CR6 54.01).
discussed Cited as authority (rule) Commonwealth of Kentucky Justice and Public Safety Cabinet Department of Kentucky State Police v. Antjuan Shamont Groves
Ky. Ct. App. · 2023 · confidence medium
Partnership v. Sloan, 329 S.W.3d 347, 349 (Ky. App. 2010). “[A]ny findings of fact and conclusions of law made orally by the circuit court at an evidentiary hearing cannot be considered by this Court on appeal unless specifically incorporated into a written and properly entered order.” Id.
discussed Cited as authority (rule) Everett Joseph McDonald, Jr. v. Rebecca McDonald
Ky. Ct. App. · 2023 · confidence medium
Partnership v. Sloan, 329 S.W.3d 347, 349 (Ky. App. 2010). “[A]ny findings of fact and conclusions of law made orally by the circuit court at an evidentiary hearing cannot be considered by this Court on appeal unless specifically incorporated into a written and properly entered order.” Id.
discussed Cited as authority (rule) Christina Holt Taylor v. Leigh-Ann Fitzpatrick
Ky. Ct. App. · 2023 · confidence medium
P’ship v. Sloan, 329 S.W.3d 347, 349 (Ky. App. 2010). “[A]ny findings of fact and conclusions of law made orally by the circuit court at an evidentiary hearing cannot be considered by this Court on appeal unless specifically incorporated into a written and properly entered order.” Id.
cited Cited as authority (rule) Sheronda Bailey, as Mother and Next Friend of Katlin Edwards (\k.E.\") v. Christopher Collins"
Ky. Ct. App. · 2022 · confidence medium
Partnership v. Sloan, 329 S.W.3d 347, 349 (Ky. App. 2010).
cited Cited as authority (rule) Hannah Tiller v. Jabbar Thammer Aldhalimi
Ky. Ct. App. · 2022 · confidence medium
P’ship v. Sloan, 329 S.W.3d 347, 349 (Ky. App. 2010).
cited Cited as authority (rule) Ali Al-Maqablh v. Lindsey Jo Alley
Ky. Ct. App. · 2022 · confidence medium
P’ship v. Sloan, 329 S.W.3d 347, 349 (Ky. App. 2010). -15- record.
cited Cited as authority (rule) Cherokee Park Rehabilitation LLC v. Collins Callens, for the Estate of Robert Callens
Ky. Ct. App. · 2022 · confidence medium
P’ship v. 1 We observe that an interlocutory order denying arbitration is subject to appeal pursuant to Kentucky Revised Statutes 417.220(1)(a). -4- Sloan, 329 S.W.3d 347, 348 (Ky. 2010).
cited Cited as authority (rule) Tia R. Hill v. Jennifer L. Carnagio
Ky. Ct. App. · 2022 · confidence medium
Partnership v. Sloan, 329 S.W.3d 347, 349 (Ky. App. 2010)).
discussed Cited as authority (rule) Mary Johnson v. Charles Bielefeld, Jr.
Ky. Ct. App. · 2022 · confidence medium
Johnson contends the trial court speaks only through written orders entered upon the official record, citing Kindred -4- Nursing Centers Limited Partnership v. Sloan, 329 S.W.3d 347, 349 (Ky. App. 2010).
cited Cited as authority (rule) Mary McCready v. Health South Cardinal Hill Rehabilatation Hospital, LLC D/B/A Cardinal Hill Rehabilitation Hospital
Ky. Ct. App. · 2021 · confidence medium
P’ship v. Sloan, 329 S.W.3d 347, 349 (Ky. App. 2010). -5- stated that McCready had taken no steps to prosecute its claim and that the circuit court should dismiss it under CR 41.02(1).
cited Cited as authority (rule) Justin Kyle Johnston v. Cindy Patricia Johnston
Ky. Ct. App. · 2021 · confidence medium
Partnership v. Sloan, 329 S.W.3d 347, 349 (Ky. App. 2010).
cited Cited as authority (rule) Johnathan Charles Ahlf v. Kristen Nicole Ahlf
Ky. Ct. App. · 2021 · confidence medium
Partnership v. Sloan, 329 S.W.3d 347, 349 (Ky. App. 2010); see also Oakley v. Oakley, 391 S.W.3d 377, 378 (Ky. App. 2012).
cited Cited as authority (rule) Daniel Smith v. Jason McCoy
Ky. · 2021 · confidence medium
Partnership v. Sloan, 329 S.W.3d 347, 349 (Ky. App. 2010).
cited Cited as authority (rule) Justin Kyle Johnston v. Cindy Patricia Johnston
Ky. Ct. App. · 2021 · confidence medium
Partnership v. Sloan, 329 S.W.3d 347, 349 (Ky. App. 2010).
discussed Cited as authority (rule) Thomas Moore v. Commonwealth of Kentucky
Ky. Ct. App. · 2021 · confidence medium
P’ship v. Sloan,] 329 S.W.3d 347, 349 (Ky. App. 2010). “[A]ny findings of fact and conclusions of law made orally by the circuit court at an evidentiary hearing cannot be considered by this Court on appeal unless specifically incorporated into a written and properly entered order.” Id.
discussed Cited as authority (rule) Dustin Fyffe v. Commonwealth of Kentucky
Ky. Ct. App. · 2021 · confidence medium
P’ship v. Sloan,] 329 S.W.3d 347, 349 (Ky. App. 2010). “[A]ny findings of fact and conclusions of law made orally by the circuit court at an evidentiary hearing cannot be considered by this Court on appeal unless specifically incorporated into a written and properly entered order.” Id.
cited Cited as authority (rule) Thomas D. Lee v. Commonwealth of Kentucky
Ky. Ct. App. · 2021 · confidence medium
Partnership v. Sloan, 329 S.W.3d 347, 349 (Ky. App. 2010). 3 Boykin v. Alabama, 395 U.S. 238 , 89 S. Ct. 1709 , 23 L.
cited Cited as authority (rule) Alice Grundy Geer v. Austin Scott Geer
Ky. Ct. App. · 2021 · confidence medium
Partnership v. Sloan, 329 S.W.3d 347, 349 (Ky. App. 2010).
discussed Cited as authority (rule) James Oakley v. Commonwealth of Kentucky
Ky. Ct. App. · 2021 · confidence medium
The Commonwealth, noting that a court speaks only through its written orders, Kindred Nursing Centers Limited Partnership v. Sloan, 329 S.W.3d 347, 349 (Ky. App. 2010), argues the claim is not properly before this Court because the judgment is silent on the issue.
cited Cited as authority (rule) Cristina Arce v. Javier Arce, Md.
Ky. Ct. App. · 2021 · confidence medium
Partnership v. Sloan, 329 S.W.3d 347, 349 (Ky. App. 2010).
cited Cited as authority (rule) Joshua Banister v. Commonwealth of Kentucky
Ky. Ct. App. · 2020 · confidence medium
P’ship v. Sloan, 329 S.W.3d 347, 349 (Ky. App. 2010); Milam, 593 S.W.3d at 71.
cited Cited as authority (rule) Faiz Salehi v. Homeira Kanjouri
Ky. Ct. App. · 2020 · confidence medium
P’ship v. Sloan, 329 S.W.3d 347, 348 (Ky. App. 2010)).
cited Cited as authority (rule) Amanda Richardson v. Commonwealth of Kentucky
Ky. Ct. App. · 2020 · confidence medium
Partnership v. Sloan, 329 S.W.3d 347, 349 (Ky. App. 2010) (citations omitted).
cited Cited as authority (rule) Patmon v. Hobbs
Ky. Ct. App. · 2016 · confidence medium
P’ship v. Sloan, 329 S.W.3d 347, 348 (Ky.App.2010).
cited Cited as authority (rule) Boone v. Boone
Ky. Ct. App. · 2015 · confidence medium
Partnership v. Sloan, 329 S.W.3d 347, 349 (Ky.App.2010).
cited Cited as authority (rule) Oakley v. Oakley
Ky. Ct. App. · 2012 · confidence medium
Partnership v. Sloan, 329 S.W.3d 347, 349 (Ky.App.2010).
Retrieving the full opinion text from the archive…
KINDRED NURSING CENTERS LIMITED PARTNERSHIP D/B/A Harrodsburg Health Care Center; Kindred Healthcare Operating, Inc., Kindred Healthcare, Inc.; And Kindred Hospitals Limited Partnership, Appellant,
v.
Lynne SLOAN, as Ancillary Administrator of the Estate of Gladys B. Reed, Deceased, Appellee
2009-CA-001629-MR.
Court of Appeals of Kentucky.
Dec 3, 2010.
329 S.W.3d 347
Donald P. Moloney, II, J. Peter Cassidy, III, Lexington, KY, for Appellants., Stephen M. O’Brien, III, Lexington, KY, for Appellee.
Moore, Thompson, Lambert.
Cited by 46 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 64%
Citer courts: Court of Appeals of Kentucky (1)

OPINION

MOORE, Judge:

Kindred Nursing Centers Limited Partnership d/b/a Harrodsburg Health Care Center, Kindred Healthcare Operating, Inc., Kindred Healthcare, Inc., and Kindred Hospitals Limited Partnership (Kindred) appeal from an August 13, 2009 order of the Mercer Circuit Court which denied Kindred’s motion to compel arbitration. We vacate and remand.

Gladys Reed was a resident of Kindred’s facility, Harrodsburg Health Care Center. Reed died on August 28, 2007. Lynne[*348] Sloan, [2] her daughter, was appointed ancillary administrator of her estate.

Sloan, in her capacity as ancillary administrator, individually, and on behalf of other beneficiaries, filed an action against Kindred alleging negligence and violations of statutory duties in the death of Reed. However, Kindred alleged that Reed had signed an arbitration agreement encompassing these claims, and Kindred filed a motion, pursuant to the Kentucky Uniform Arbitration Act, Kentucky Revised Statutes (KRS) 417.045^17.240 (KUAA) and the Federal Arbitration Act, 9 U.S.C. §§ 1-16(FAA), to compel arbitration and either dismiss or stay this action. By order entered August 13, 2009, the circuit court denied Kindred’s motion to compel arbitration. This appeal followed.

Kindred argues that the circuit court erred by denying its motion to compel arbitration, maintaining that the arbitration agreement constituted a binding and enforceable contract and that the evidence established that Reed signed the agreement through a valid power of attorney.

Under KRS 417.060, a person may seek a judicial order to compel arbitration upon a showing that a valid arbitration agreement exists and that the opposing party refuses to arbitrate. If the opposing party challenges the existence of a valid arbitration agreement, the circuit court “shall proceed summarily to the determination of the issue so raised.” KRS 417.060(1).

Appellate review of an otherwise unap-pealable interlocutory order arises under KRS 417.220(l)(a). The standard of review by our Court from appeals arising under this statute was discussed in Conseco Finance Servicing Corp. v. Wilder, 47 S.W.3d 335, 340 (Ky.App.2001) as follows:

It may also be well to note that our review of a trial court’s ruling in a KRS 417.060 proceeding is according to usual appellate standards. That is, we defer to the trial court’s factual findings, upsetting them only if clearly erroneous or if unsupported by substantial evidence, but we review without deference the trial court’s identification and application of legal principles....

Here, the circuit court made no factual findings nor can we determine whether the circuit court’s ruling was based upon the application of legal principles justifying a de novo review by this Court. [3] The circuit court’s order does indicate that the court “considered the record” and “heard arguments of counsel.” Under the circumstances presented in this case, in reliance upon Conseco, we believe the circuit court is bound by Kentucky Rules of Civil Procedure (CR) 52.01, which mandates that a court set forth specific findings of fact and separate conclusions of law in its order or judgment.

As such, the circuit court erred when it entered its August 13, 2009 order denying arbitration because, in that order, it merely stated that Kindred’s motion to compel arbitration was denied; it did not contain any findings of fact or conclusions of law. In the absence of such findings and conclusions, we cannot discern the basis of the circuit court’s decision and there can be no meaningful review of this case. [4] See [*349] Brown v. Shelton, 156 S.W.3d 319 (Ky.App.2004).

We remind the circuit court that it speaks only through written orders entered upon the official record. See Midland Guardian Acceptance Corp. of Cincinnati, Ohio v. Britt, 439 S.W.2d 313 (Ky.1968); Com. v. Wilson, 280 Ky. 61, 132 S.W.2d 522 (1939). Thus, any findings of fact and conclusions of law made orally by the circuit court at an evidentiary hearing cannot be considered by this Court on appeal unless specifically incorporated into a written and properly entered order.

Upon remand, the circuit court shall reconsider Kindred’s motion to compel arbitration in accordance with KRS 417.050, KRS 417.060, and 9 U.S.C. §§ 1-16, and shall render an order that sets forth specific findings of fact and separate conclusions of law as required by CR 52.01. We view Kindred’s remaining contentions of error to be moot.

For the foregoing reasons, the order of the Mercer Circuit Court is vacated and this cause remanded for proceedings consistent with this opinion.

ALL CONCUR.

2

. In her brief, the appellee refers to herself as "Lynne Slone." However, we refer to her as "Lynne Sloan ” because this is the way her name is spelled in the notice of appeal.

3

. We cannot determine from review of the circuit court's order whether the court found the existence of a valid arbitration agreement which must be resolved first under KRS 417.050 or 9 U.S.C. § 2.

4

.This is distinguished from a case where the circuit court makes inadequate findings of fact. In such a case, a parly is bound to[*349] make a request for more definite findings under CR 52.04 before reversal may be predicated upon such error.