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Supreme Court Strictly Enforces Rules of Appellate Procedure
Saturday v. Commonwealth 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…
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Order Lacking CR 54.02 Finality Language Is Final When All Issues Are Resolved
Bruenger v. Miller 2023-SC-0156-DG Jefferson Circuit Court Kentucky Supreme Court Opinion by Justice Nickell Date Rendered: December 19, 2024 Issues: Whether order lacking CR 54.02 finality language is final when all issues are resolved. Whether the Court of Appeals can sanction litigants without notice or a hearing. Bruenger (ex-wife of deceased) and Miller (daughter…
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Nonparent Must Prove Unfitness or Waiver to Defeat Parent’s Superior Right to Custody
Appleman v. Gebell 2024-SC-0137-DGE Bracken Circuit Court Kentucky Supreme Court Opinion by Justice Nickell Date Rendered: December 19, 2024 Issue: Whether mother waived superior right to custody. In 2016, shortly after birth, Child was placed with Paternal Relatives. In 2019, the Court entered a permanency order granting full custody to Paternal Relatives. In 2021, Mother…
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KRS 403.220 Preempts CR 69 Offer of Judgment Rule
Picard v. Knight 2023-SC-0043-DG Pulaski Circuit Court Kentucky Supreme Court Opinion by Justice Thompson Date Rendered: October 24, 2024 Issue: Whether an offer of judgment pursuant to CR 68 is permissible in a family law matter. Mother and Father litigated multiple issues including child support related to a shared child. Subsequent to a hearing and…
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Kentucky Follows Objective Method in Determining Temporary Absence from State Under UCCJEA
Aldava v. Johnson Case No. 2023-SC-0251-MR Jefferson Family Court Opinion by Chief Justice VanMeter Date Rendered: March 14, 2024 Issue: Whether Kentucky or Texas had jurisdiction over child custody action, and whether child living for months in a third state for the father’s job constituted a “temporary absence” under UCCJEA for jurisdiction purposes. Child was…
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Recent Post
- Court of Appeals Affirms Family Court’s Imposition of CR 37.02 Discovery Sanctions
- Family Court (rather than Circuit Court) was Proper Forum for Claims Arising out of the Former Marriage of Parties
- 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
