Henry Clay Mining Co. v. V & V Mining Co.

Respectfully, I dissent.

There is no member of our Court who is more opposed than I am to hypertechnical application of procedural rules resulting in form without substance. See: (1) Ready v. Jamison, Ky., 705 S.W.2d 479 (1986), Majority Opinion; (2) Nolph v. Scott, Ky., 725 S.W.2d 860 (1987), Dissenting Opinion. But the present decision does not involve construing the rules wisely to promote the interests of justice. On the contrary, it involves the intentional misuse of one rule, CR 52.02, to avoid the plain language of another, CR 6.02.

CR 52.02 does not permit a court to amend its judgment…