Opinion

Brown v. Brown

  • 430 S.W.2d 458
  • 1968 Ky. LEXIS 405
Court
Court of Appeals of Kentucky
Filed
Jun 28, 1968
Status
Published
Author
Davis
On the bench
Davis
Cited by
0 cases

The opinion

DAVIS, Commissioner.

Appellant filed action for divorce. By amendment she sought an annulment as an alternative relief.

The trial court entered judgment refusing to grant annulment but providing that an interlocutory decree for divorce would be entered when appropriately tendered. Instead of tendering the judgment for divorce, she prosecuted this appeal.

The appeal must be dismissed because it is not prosecuted from a final order or judgment as prescribed by KRS 21.060. CR 54.01 provides in part:

“A final or appealable judgment is a final order adjudicating all the rights of all the parties in an action or proceeding, or a judgment made final under Rule 54.02.”

The judgment on appeal did not purport to adjudge all of the rights of all the parties in the action, nor was it made final under Rule 54.02. The appeal may not be maintained.

The appeal is dismissed.

All concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.