Mitchell v. Mitchell

360 S.W.3d 220, 2012 Ky. LEXIS 9, 2012 WL 593215
CourtKentucky Supreme Court
DecidedFebruary 23, 2012
DocketNo. 2010-SC-000722-DG
StatusPublished
Cited by4 cases

This text of 360 S.W.3d 220 (Mitchell v. Mitchell) 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
Mitchell v. Mitchell, 360 S.W.3d 220, 2012 Ky. LEXIS 9, 2012 WL 593215 (Ky. 2012).

Opinion

Opinion of the court by

Justice CUNNINGHAM.

Richard M. Mitchell, Jr. (Richard) and Kathleen Woodward Mitchell (Kathleen) divorced in 1990 after having been married [221]*221for twenty-four years. The separation agreement stated that Kathleen was to receive $3,000 per month in maintenance payments. It also provided that the amount of maintenance could be modified if Kathleen became more employable as a result of education she received from Richard’s financial assistance.

In October of 2008, Richard filed a motion to modify spousal maintenance due to Kathleen receiving a bachelor’s degree in social work from the University of Kentucky. Later, on June 9, 2009, and pursuant to KRS 403.220, Kathleen filed a motion for attorney fees, expert fees, and costs incurred as a result of defending Richard’s motion to modify maintenance.

On June 22, 2009, the Family Division of the Fayette Circuit Court heard testimony on both Richard’s and Kathleen’s motions. Eight days later, on June 30, 2009, the family court entered an order entitled “Findings of Fact and Conclusions of Law.” In the order, designated as final and appealable, the family court found that there were insufficient grounds to support Richard’s motion for modification of the maintenance. However, the order did not mention Kathleen’s motion for fees and costs.

Kathleen’s attorney recognized that the issue of fees and costs had not been addressed and emailed the judge’s clerk on July 1, 2009:

Hi Matt, We got the opinion today. Thanks for getting that to us so quickly! I noticed that the Judge did not rule on attorney’s fees and was just wondering if he needs that briefed or how he wants us to proceed in that part of the matter. Hope you are having a great day! Thanks, Anna.

The law clerk replied in an email on July 8, 2009: “I am on this, give me a day or two.”

Over a month later, on August 13, 2009, the judge’s secretary informed Richard’s attorney of the communication between Kathleen’s attorney and the law clerk. She stated that Kathleen was going to file an affidavit concerning the fees and that Richard would have one week to respond. She also explained that there would be a hearing on Kathleen’s motion.

The hearing was held on September 4, 2009. Richard objected on the grounds that the family court no longer had jurisdiction over Kathleen’s motion. The judge explained that, through his own mistake, he had neglected to rule on Kathleen’s motion earlier. On September 16, 2009, the family court granted Kathleen’s motion and awarded her $19,161.80 in attorney fees. In the order, the family court held that Richard’s objection was without merit stating: “Quite simply, the June 9 motion was not ruled on until this date.”

Richard then appealed the family court’s order granting Kathleen’s motion for attorney fees to the Court of Appeals. The Court of Appeals found that the family court did not have jurisdiction to grant Kathleen’s motion and reversed its award of attorney fees. Kathleen then appealed from the Court of Appeals’ decision and we granted discretionary review.

The Family Court had Jurisdiction Over the Issue of Attorney Fees

The question presented in this case is whether the family court’s order denying Richard’s motion to modify maintenance divested that court of jurisdiction over Kathleen’s motion for attorney fees. “[Wjhether [a] circuit court has jurisdiction — is purely a question of law, which is reviewed de novo.” Kentucky Employers Mut. Ins. v. Coleman, 236 S.W.3d 9, 13 (Ky.2007) (citing Rehm v. Clayton, 132 S.W.3d 864, 866 (Ky.2004)).

[222]*222Richard relies on CR 52.02 in arguing that the family court lost jurisdiction over Kathleen’s motion ten days after it entered the order denying his motion. That rule provides:

Not later than 10 days after entry of judgment the court of its own initiative, or on the motion of a party made not later than 10 days after entry of judgment, may amend its findings or make additional findings and may amend the judgment accordingly. The motion may be made with a motion for a new trial pursuant to Rule 59.

Richard contends that the family court’s granting of Kathleen’s motion for fees was an amendment (or additional finding) to its decision denying his motion to modify maintenance. Since Kathleen’s motion was not granted within ten days following the denial of Richard’s motion, he asserts that CR 52.02 divested the family court of jurisdiction. We disagree.

CR 52.02 applies only to the amendment of judgments. (Emphasis added). “Where the context requires, the term judgment’ as used in these rules shall be construed ‘final judgment’ or ‘final order.’ ” CR. 54.01. Thus, the ten-day time limit, under CR 52.02, would only have divested the family court of jurisdiction if the order denying Richard’s motion to modify was a final judgment.

The finality of a judgment depends upon whether the case involves a single claim or multiple claims. In a case involving a single claim, the judgment must adjudicate all the rights of all the parties in order to be final. CR 54.01. Cases involving multiple claims trigger the application of CR 54.02(1), which states:

When more than one claim for relief is presented in an action, whether as a claim, counterclaim, cross-claim, or third-party claim, or when multiple parties are involved, the court may grant a final judgment upon one or more but less than all of the claims or parties only upon a determination that there is no just reason for delay. (Emphasis added). The judgment shall recite such determination and shall recite that the judgment is final. In the absence of such recital, any order or other form of decision, however designated, which adjudicates less than all the claims or the rights and liabilities of less than all the parties shall not terminate the action as to any of the claims or parties, and the order or other form of decision is interlocutory and subject to revision at any time before the entry of judgment adjudicating all the claims and the rights and liabilities of all the parties.

In this case, the judgment did not recite that there was “no just reason for delay.” The question before us then is whether Kathleen’s motion for fees and costs constituted a separate claim. If it did, then the family court retained jurisdiction, making Richard’s motion interlocutory until the fees issue was ruled upon. CR 54.02(1). We find that Kathleen’s motion was a separate claim.

The Court of Appeals’ opinion in this case relied on Francis v. Crounse Corp., 98 S.W.3d 62, 67 (Ky.App.2002). In Francis, the plaintiff brought a claim against the defendant for a civil rights violation under KRS 344.450. After a jury verdict awarding the plaintiff compensatory and punitive damages, the trial court entered an order also recognizing that the plaintiff was entitled to recover a reasonable attorney fee under the statute.

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Cite This Page — Counsel Stack

Bluebook (online)
360 S.W.3d 220, 2012 Ky. LEXIS 9, 2012 WL 593215, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mitchell-v-mitchell-ky-2012.