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344 S.W.2d 823

Davidson v. Davidson

Court of Appeals of Kentucky

Decided March 24, 1961

Court of Appeals of Kentucky · decided 1961-03-24

Relies on Hackney v. Hackney · Brumley v. Lewis

Good law ✅— No negative treatment on recordhow we know

Decided 1961-03-24

How this case has been cited

Cited by 3 later decisions — most recently May 2006

3 state decisions

1019611970198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PALMORE, Judge.

¶1On November 25, 1958, appellant was granted an absolute divorce from appellee. His action was not contested. On January 7, 1959, upon notice of and response to appellee’s motion, the trial court, on the ground of fraud, set aside the judgment of divorce, ordered appellee to file answer, and redocketed the case for trial. Appel-lee asserts a right of appeal from this order.

¶2For two reasons, however, we cannot entertain the appeal. First, the notice of appeal was filed on February 7, 1959, one day too late. CR 73.02(1). Secondly, the order of January 7, 1959, was interlocutory and not final. Hackney v. Hackney, ICy.1959, 327 S.W.2d 570; Brumley v. Lewis, Ky.1960, 340 S.W.2d 599. We do not pass on the validity or effect (if any) of the order of January 7, 1959.

¶3Appeal dismissed sua sponte.

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