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CR 41.01 Not Effective to Dismiss Petition for Order of Protection Post-Judgment; CR 60.02 May Be Effective to Dismiss for “Extraordinary Reasons” or Clear Legal Necessity
CR 41.01 implicitly only applies to matters prior to a final judgment, noting that the rule allowing for a party to enter a notice of dismissal operating as an adjudication of the merits under some circumstances does not apply where the court has already adjudicated the merits of a case itself and entered judgment
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Cabinet for Health and Family Services May Appeal from Order Requiring Public Funds for Expert Witness in Dependency, Neglect, and Abuse Cases; Family Court Affirmed in Granting Motion for Public Funds
Because the Cabinet needed to consult an expert before bringing its petition, the Court of Appeals found that it was fundamentally fair that the parents be able to hire an expert.
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Grandmother’s Motion to Intervene in Adoption Properly Denied
D.B. v. T.C.W. Case NO. 2022-CA-1281-ME MERCER CIRCUIT COURT Decided by ACREE, GOODWINE, AND LAMBERT, JUDGES Opinion by ACREE, JUDGE Date Rendered: September 1, 2023 Issue: Whether Grandmother’s Motion to Intervene in Grandchild’s adoption proceeding was erroneously denied. Parents were both incarcerated at birth of the minor child. Grandmother was unable to accept placement of…
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Unequal Property Division Not Supported by Substantial Evidence
Bradley v. Bradley NO. 2022-CA-0960-MR FLOYD FAMILY COURT Decided by CETRULO, ECKERLE, AND GOODWINE, JUDGES Opinion by CETRULO, JUDGE Date Rendered: September 8, 2023 Issue: Whether the Family Court erred in adopting husband’s tendered order. Issue: Whether a 60/40 division of a marital estate was equitable. After a trial on multiple property issues, the…
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The Ultimate Inquiry for Grandparent Visitation is Best Interest
…although there is a presumption in favor of the wishes of the parents, the ultimate inquiry is whether visitation is clearly in the children’s best interest
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Recent Post
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- United States Supreme Court Upholds Federal Statute Prohibiting Individuals Subject to Domestic Violence Orders from Possessing Firearms as Constitutional
- Supreme Court Strictly Enforces Rules of Appellate Procedure
- Family Court Violated Father’s Express Due Process Rights under KRS 403.300(3) by Allowing Testimony and Admitting Friend of the Court Report After Prohibiting Father from Taking the Deposition of Children’s Therapist Prior to Hearing
- Order Lacking CR 54.02 Finality Language Is Final When All Issues Are Resolved
