Legal Opinion · Concurrence

Retherford v. Monday

Court of Appeals of Kentucky

Decided September 2, 2016No. 2015-CA-001803-MEPublished

1Concurrence

VANMETER, JUDGE,

CONCURRING:

Although I concur in the result reached by the majority, I write separately because I disagree with its main rationale for vacating the trial court’s decision. Regardless of what we may think of the practice of trial courts signing documents prepared by counsel, e.g., Callahan v. Callahan, 579 S.W.2d 385, 387 (Ky.App.1979), the Kentucky Supreme Court, apparently does not share that view:

First, Appellant claims the trial court failed to make independent findings of fact as required by CR 52.01. He bases this allegation on the fact that the trial court adopted the…

2Cases cited6 opinions

  1. Prater v. Cabinet for Human ResourcesKentucky Supreme Court · 1997
  2. B.C. v. B.T.Court of Appeals of Kentucky · 2005
  3. Keifer v. KeiferKentucky Supreme Court · 2011
  4. Bingham v. BinghamKentucky Supreme Court · 1982
  5. Callahan v. CallahanCourt of Appeals of Kentucky · 1979

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