James v. James
Kentucky Supreme Court
1DissentMinton, C.J.
Because I believe the trial court lost jurisdiction over this case once Appellant filed his notice of appeal, I respectfully dissent. To rescue the Appellant from himself, the majority opinion errs by sacrificing longstanding precedent that was clear and easily applied. I fear that the result we reach today will muddy the waters for courts and practitioners going forward.
Over fifty years ago, our predecessor Court held that a trial court loses jurisdiction over a case when a notice of appeal has been filed: “Since the Court of Appeals alone can determine whether an attempted appeal is…
2Cases cited5 opinions
- City of Devondale v. StallingsKentucky Supreme Court · 1990
- Johnson v. CommonwealthKentucky Supreme Court · 2000
- Young v. RichardsonCourt of Appeals of Kentucky · 2008
- Monsour v. HumphreyCourt of Appeals of Kentucky · 1959
- Rodgers v. HendersonCourt of Appeals of Kentucky · 1980