2024-CA-0268
Fayette Circuit Court
Kentucky Supreme Court
Opinion by Justice Vanmeter
Date Rendered: December 19, 2024
Pro Se Appellant filed an “untimely” motion for discretionary review of a Circuit Court’s guardianship order, with the Court of Appeals. The Court of Appeals denied Appellant’s Motion and dismissed the case.
Appellant posted the motion for discretionary review by certified mail on the last day for timely transmission, but it was not received by the clerk until four days beyond the filing deadline mandated by the Rules of Appellate Procedure (“RAP”).
On appeal, the Supreme Court automatically dismissed the action without any review of the underlying claims. The Supreme Court strictly enforced RAP 5(E), which requires a document to be received by the clerk within the time-frames specified by the rules, and expressly excludes the use of certified mail to establish timely filing.
Justice Thompson dissented, arguing that Appellant’s use of certified mail substantially complied with the Rules of Appellate Procedure, and a review of the record and consideration of the underlying merits of the Petition before dismissal was warranted. Justice Thompson stressed that stringent application of the rules in this instance served only to impede citizen’s access to justice.
Digested by Emily T. Cecconi