# Age v. Age

> Court of Appeals of Kentucky · February 4, 2011 · 340 S.W.3d 88

URL: https://www.frixlaw.com/law-library/cases/9784136

## Case

- **Full name:** Steven Michael AGE, Appellant, v. Janet Louise AGE, Appellee; Janet Louise Reid (Formerly Age), Cross-Appellant, v. Stephen Michael Age; Michael T. Pate, Cross-Appellees
- **Court:** Court of Appeals of Kentucky
- **Decided:** February 4, 2011
- **Citations:** 340 S.W.3d 88; 2011 Ky. App. LEXIS 23; 2011 WL 339196
- **Precedential status:** Published
- **Opinion:** Concurrence by Thompson
- **Judges:** Clayton, Nickell, Thompson
- **Cited by:** 54 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9784136

## How later opinions describe it (automated extraction)

- noting that when a party files a motion for additional findings, the trial court first determines whether its findings are sufficient and “the question -6- on appeal is whether the omitted finding involves a matter that is essential to the trial court’s judgment”
- explaining an exception exists to allow the appeal of a judgment of dissolution when it is void

## Opinion text

THOMPSON, Judge,
concurring:
Respectfully, I concur with the opinion of the majority. However, I must state that Steven Age’s appeal from the denial of a CR 60.02 motion to set aside a decree is invalid and should be summarily dismissed. KRS 22A.020(3) states: “Notwithstanding any other provision in this section, there shall be no review by appeal or by writ of certiorari from that portion of a final judgment, order or decree of a Circuit Court dissolving a marriage.”
As stated by our Supreme Court in the case of Clements v. Harris, 89 S.W.3d 403, 404 (Ky.2002), “[gjenerally, a decree of dissolution of marriage is not subject to review before an appellate court of the Commonwealth.” The Supreme Court further stated that “for well over a century, appellate courts of the Commonwealth have consistently held that a judgment granting a dissolution of marriage is not appealable or subject to appellate jurisdiction.” Id. This decree of dissolution of marriage cannot be set aside by virtue of a CR 60.02 motion as the logic of our statutory and common law is well reasoned.
If a decree of dissolution of marriage were subject to appeal or to be set aside at a future date by the stroke of a pen of a judge, it could create illegitimate children who were previously legitimate children of a marriage after the decree. For those reasons, I believe Mr. Age’s motion to set aside is invalid on its face and the appeal on this issue is frivolous.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9784136. Public record. Not legal advice.