Commonwealth, Department of Highways v. Hatcher

MONTGOMERY, Judge.

By order of September 20, 1960, entered without notice by the court during term time, the condemnation action of the Commonwealth of Kentucky, Department of Highways, against Emma Hatcher was dismissed. The condemnor appeals from an order of the court overruling its motion under CR 60.02, seeking to set aside the order of dismissal.

On April 16, 1959, an order continuing the case generally was entered. No other step appears to have been taken until the order of dismissal. Appellant claims that no notice of the entry of the dismissal order was received as provided by CR 77.04.…