Legal Opinion · Concurrence

Oakley v. Oakley

Court of Appeals of Kentucky

Decided December 21, 2012No. 2011-CA-001410-MEPublished

1ConcurrenceMaze, Judge

While I agree with the majority’s decision to dismiss the appeal, I disagree with its reasoning finding that this Court lacks jurisdiction to hear the appeal. The majority correctly notes that James prematurely filed his notice of appeal from the trial court August 2, 2012, oral ruling from the bench. Such oral orders are generally not appealable, since the trial court can only speak through its written orders. However, the trial court reduced its oral judgment to writing on August 9, 2012, only one day after James filed his notice of appeal. Under James v. James, 313 S.W.3d 17 (Ky.2010) and…

2Cases cited2 opinions

  1. James v. JamesKentucky Supreme Court · 2010
  2. N.L. v. W.F.Court of Appeals of Kentucky · 2012

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