Jewell v. Parke

Kentucky Supreme Court

Jewell v. Parke

786 S.W.2d 854, 1988 Ky. LEXIS 81, 1988 WL 132936

CourtKentucky Supreme Court

DecidedDecember 15, 1988

DocketNo. 88-SC-824-I

StatusPublished

This text of 786 S.W.2d 854 (Jewell v. Parke) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jewell v. Parke, 786 S.W.2d 854, 1988 Ky. LEXIS 81, 1988 WL 132936 (Ky. 1988).

Pincite

Opinion

ORDER DENYING MOTION FOR INTERLOCUTORY RELIEF PURSUANT TO CR 65.09

STEPHENS, Chief Justice.

This is a motion under CR 65.09 to vacate or modify an order of the Court of Appeals. The order, entered October 12, 1988, affirmed movant’s denial of a writ of habeas corpus from the Oldham Circuit Court.

CR 65.09 provides for interlocutory relief in the Supreme Court which necessarily means relief pending a final decision by a court. This motion was filed after a final order in the Court of Appeals was rendered. There is no appeal from that order pending in this court. Because there has been no appeal from that final order there cannot be a final decision on the merits in this court. It follows, therefore, that there is no final decision pending in any court, and there can be no interlocutory relief.

The motion for intérlocutory relief is denied.

All concur.

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ORDER DENYING MOTION FOR INTERLOCUTORY RELIEF PURSUANT TO CR 65.09

STEPHENS, Chief Justice.

This is a motion under CR 65.09 to vacate or modify an order of the Court of Appeals. The order, entered October 12, 1988, affirmed movant’s denial of a writ of habeas corpus from the Oldham Circuit Court.

CR 65.09 provides for interlocutory relief in the Supreme Court which necessarily means relief pending a final decision by a court. This motion was filed after a final order in the Court of Appeals was rendered. There is no appeal from that order pending in this court. Because there has been no appeal from that final order there cannot be a final decision on the merits in this court. It follows, therefore, that there is no final decision pending in any court, and there can be no interlocutory relief.

The motion for intérlocutory relief is denied.

All concur.

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Bluebook (online)

786 S.W.2d 854, 1988 Ky. LEXIS 81, 1988 WL 132936, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jewell-v-parke-ky-1988.