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430 S.W.2d 458

Brown v. Brown

Court of Appeals of Kentucky

Decided June 28, 1968

Court of Appeals of Kentucky · decided 1968-06-28

Decided 1968-06-28

DAVIS, Commissioner.

¶1Appellant filed action for divorce. By amendment she sought an annulment as an alternative relief.

¶2The trial court entered judgment refusing to grant annulment but providing that an interlocutory decree for divorce would be entered when appropriately tendered. Instead of tendering the judgment for divorce, she prosecuted this appeal.

¶3The appeal must be dismissed because it is not prosecuted from a final order or judgment as prescribed by KRS 21.060. CR 54.01 provides in part:

“A final or appealable judgment is a final order adjudicating all the rights of all the parties in an action or proceeding, or a judgment made final under Rule 54.02.”

¶4The judgment on appeal did not purport to adjudge all of the rights of all the parties in the action, nor was it made final under Rule 54.02. The appeal may not be maintained.

¶5The appeal is dismissed.

All concur.
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