Legal Opinion · Dissent

James v. James

Kentucky Supreme Court

Decided May 20, 2010No. 2008-SC-000163-DGPublished

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

  1. City of Devondale v. StallingsKentucky Supreme Court · 1990
  2. Johnson v. CommonwealthKentucky Supreme Court · 2000
  3. Young v. RichardsonCourt of Appeals of Kentucky · 2008
  4. Monsour v. HumphreyCourt of Appeals of Kentucky · 1959
  5. Rodgers v. HendersonCourt of Appeals of Kentucky · 1980

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