A thoughtful comment was posted to Murphy v.Murphy, digested here. As comments can be almost lost below the fold, I thought this one From Donald W. Aaron in Florence deserved posting in its entirety.
I was in the courtroom for this case when the wife appeared pro se and requested that the judge vacate his custody order.

A thoughtful comment was posted to Murphy v.Murphy, digested here. As comments can be almost lost below the fold, I thought this one From Donald W. Aaron in Florence deserved posting in its entirety.
I was in the courtroom for this case when the wife appeared pro se and requested that the judge vacate his custody order. I agree with the CA’s statement of the importance of adequate notice of such a life-altering hearing.
Earlier in my career, I had a judge ask me to serve an opposing party directly when no one showed for a post-decree hearing after I only served the prior attorney of record. Now we have an opinion affirming this as good practice.
This opinion is also important in providing protection for attorneys, because “as a matter of law, conclusion of a divorce action terminated the attorney-client relationship.”
In the instant case the wife should not have filed an appeal while a “valid” motion to alter, amend or vacate was pending. If the CA found the motion tolled the time for appeal, and her appeal was vacated as premature, then any appeal filed after the first dismissal could have again been dismissed as untimely, the clock having run. Appeals have tricky trap doors, even for experienced trial counsel. Wife was pro se on appeal, as she was credited with an appellate brief.

Recent Posts

Kentucky Court of Appeals affirms Warren Family Court’s Order limiting natural father’s access to children’s educational records from school
October 25, 2022
Kentucky Court of Appeals affirms Boyd Circuit Court’s order terminating father’s parental rights pursuant to KRS 625.090
October 25, 2022
Kentucky Court of Appeals vacates Lewis County Family Court finding of abuse or neglect due to insufficient evidence to support finding
October 18, 2022