Hamilton v. Commonwealth Transportation Cabinet, Department of Highways

ANN B. OLDFATHER, Special Justice,

concurring in result.

While I agree that leave to amend should be freely granted, CR 15.01, there is a *42difference between an ongoing case and one, such as this, where the amendment effects an issue foreclosed by a final judgment for which all appeal times have lapsed. This Court determined in Ratliff v. Fiscal Court, Ky., 617 S.W.2d 36 (1981) that the interlocutory judgment entered pursuant to KRS 416.610 shall be final and, hence, immediately appealable by the con-demnee, as it was immediately appealable by the condemnor pursuant to statute. That being the…