Ashland Public Library Board of Trustees v. Scott

LUKOWSKY, Justice.

This is a review of an order of the Court of Appeals which dismissed the appeal of the movants to that court on the ground that their appeal was taken from interlocutory orders. The issue presented is whether the order of a trial court which denies a motion to intervene as a matter of right in a civil action is an appealable final order even though it does not contain the dual recitation required by CR 54.02(1). Our answer to the question is yes.

In Clay, 6 Ky.Prac., 3rd Ed., CR 24.01, Comment 5, we find this observation, “[I]n the ... Kentucky courts it has been recognized…