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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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