Appeal from Verbal Orders, Citations to Record on Appeal, Case Digest, Oakley v. Oakley, Ky Court of Appeals

Oakley v. Oakley, 2011-CA-001410-ME

Published:   Striking Appellant’s Brief and Dismissing Appeal
  

County:  Laurel

Dad’s counsel filed Notice of Appeal
from FC’s verbal order at hearing denying his motion to remove supervised
parenting time restriction, inter
alia. 
FC entered its written order
one week after the hearing, and only one day after Dad filed his Notice of
Appeal.  CA recognized that courts speak
only through written orders and that Dad should have appealed from the written
order or amended his original notice to include the written order.  Because he did neither, there was no order
for CA to review, and appeal was dismissed for lack of jurisdiction.

CA also pointed out that Dad’s brief
was not in compliance with CR 76.12 due to omission of pinpoint citations to
written or video record and to omission of statements of error preservation,
even after Dad was given an opportunity to submit a second brief; so brief was
stricken. 

Affirmed.

Digested by Michelle Eisenmenger
Mapes
, Diana L. Skaggs + Associates