Coomer v. Gray

LAMBERT, Justice.

The issue in this case is whether the ten percent damage for delay provision of KRS 26A.300 applies upon the second appeal from a judgment which determines ownership of sums of money held by a Master Commissioner in an interest bearing account pursuant to an order of the court. On motion, following this Court’s denial of discretionary review in Gray v. Coomer Drilling Co., et al., 85-SC-476-D, the trial court imposed the damage. Reversing, the Court of Appeals held that the judgment appealed from was not

a “judgment for the payment of money” as contemplated by the statute.…