Gullion v. Gullion

LAMBERT, Chief Justice.

This Court granted discretionary review upon motion of Appellant, Stephanie Gul-lion, to decide whether there is a basis in case law or the Kentucky Rules of Civil Procedure to require affidavits to accompany a CR 59.05 motion to alter, amend or vacate a custody judgment. Affidavits are clearly required for KRS 403.340 motions when a party seeks to modify a custody order. However, in this case, modification of the custody order pursuant to KRS 403.340 was not possible until the trial court had ruled on the CR 59.05 motion, and thereby rendered a final judgment.…