Davidson v. Davidson

Court of Appeals of Kentucky

Davidson v. Davidson

344 S.W.2d 823, 1961 Ky. LEXIS 257

CourtCourt of Appeals of Kentucky

DecidedMarch 24, 1961

StatusPublished

Cited by5 cases

This text of 344 S.W.2d 823 (Davidson v. Davidson) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Davidson v. Davidson, 344 S.W.2d 823, 1961 Ky. LEXIS 257 (Ky. Ct. App. 1961).

Pincite

Opinion

PALMORE, Judge.

On November 25, 1958, appellant was granted an absolute divorce from appellee. His action was not contested. On January 7, 1959, upon notice of and response to appellee’s motion, the trial court, on the ground of fraud, set aside the judgment of divorce, ordered appellee to file answer, and redocketed the case for trial. Appel-lee asserts a right of appeal from this order.

For two reasons, however, we cannot entertain the appeal. First, the notice of appeal was filed on February 7, 1959, one day too late. CR 73.02(1). Secondly, the order of January 7, 1959, was interlocutory and not final. Hackney v. Hackney, ICy.1959, 327 S.W.2d 570; Brumley v. Lewis, Ky.1960, 340 S.W.2d 599. We do not pass on the validity or effect (if any) of the order of January 7, 1959.

Appeal dismissed sua sponte.

Free access — add to your briefcase to read the full text and ask questions with AI

PALMORE, Judge.

On November 25, 1958, appellant was granted an absolute divorce from appellee. His action was not contested. On January 7, 1959, upon notice of and response to appellee’s motion, the trial court, on the ground of fraud, set aside the judgment of divorce, ordered appellee to file answer, and redocketed the case for trial. Appel-lee asserts a right of appeal from this order.

For two reasons, however, we cannot entertain the appeal. First, the notice of appeal was filed on February 7, 1959, one day too late. CR 73.02(1). Secondly, the order of January 7, 1959, was interlocutory and not final. Hackney v. Hackney, ICy.1959, 327 S.W.2d 570; Brumley v. Lewis, Ky.1960, 340 S.W.2d 599. We do not pass on the validity or effect (if any) of the order of January 7, 1959.

Appeal dismissed sua sponte.

Cite This Page — Counsel Stack

Bluebook (online)

344 S.W.2d 823, 1961 Ky. LEXIS 257, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davidson-v-davidson-kyctapp-1961.

Opinion

Related

Cite This Page — Counsel Stack