Commonwealth v. Cooksey

I believe that this appeal should be dismissed pursuant to CR 54.02(1) as an appeal from a nonfinal judgment. An appeal ordinarily may not be taken from an interlocutory order or judgment. Stice v. Leonard, Ky., 420 S.W.2d 672, 674 (1967). However, pursuant to Ratliff v. Fiscal Court of Caldwell County, Ky., 617 S.W.2d 36 (1981), a condemnee may appeal from the entry of an interlocutory judgment giving the condemnor the right to condemn since the judgment divests the condemnee of his right to possess his property in such manner as to put it out of the power of the court to replace the parties…