Legal Opinion · Concurring in part, dissenting in part

Bond v. Bond

Court of Appeals of Kentucky

Decided July 29, 1994No. 93-CA-0192-MRPublished

1Concurring in part, dissenting in partJohnstone, Judge

I concur wholeheartedly in Judge Hower-ton’s opinion regarding the exclusion of the psychiatric testimony.' The difficult task of compliance with the mandates of KRS 403.340 becomes even more awesome for the trial judge without such vital information.

However, I believe that appellant’s argument regarding the testimony of Elaine Brown Yarbrough is nothing more than a cleverly disguised red herring. Unlike the circumstances in Lewis v. Lewis, Ky., 534 S.W.2d 800 (1976), there was no order of the court appointing an “investigator” pursuant to KRS 403.300 in the case sub judice. In fact, there…

2Cases cited1 opinion

  1. Lewis v. LewisKentucky Supreme Court · 1976

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