Manly v. Manly

Respectfully I dissent. The issue before us is not a matter of jurisdiction, but only of procedure. Jurisdiction derives from the Judicial Article of the Kentucky Constitution, Sec. 109-124. The rule in question is a court made rule pursuant to the Kentucky Constitution, Section 116:

“The Supreme Court shall have the power to prescribe rules governing its appellate jurisdiction ... and rules of practice and procedure for the Court of Justice.”

We prescribe the rules and we interpret the rules. We decide whether and when to require strict compliance. We must accept the responsibility for the…