American Fidelity Casualty Co. v. Patterson

2 Citing cases

  1. Wilson v. Russell

    162 S.W.3d 911 (Ky. 2005)   Cited 84 times
    Explaining that while neither the parties nor the Court of Appeals had identified as an issue the fact that the underlying judgment was not final within the meaning of Kentucky Rules of Civil Procedure 54.02, "jurisdiction may not be waived, and it cannot be conferred by consent of the parties. This Court must determine for itself whether it has jurisdiction. As there is no final order or judgment from which to appeal, the Court of Appeals was without jurisdiction. And it has long been a fundamental maxim that a court will not assume jurisdiction where it does not exist."

    See also Kentucky Bar Foundation, Kentucky Appellate Practice ยง 21.03 (1985).See American Fidelity Casualty Co. v. Patterson, 314 Ky. 741, 742-43, 237 S.W.2d 57 (1951) ("Not having a final judgment in the record, we are without jurisdiction of the appeal in this case."); see also Coomer v. Commonwealth, 309 Ky. 575, 576, 218 S.W.2d 393 (1949) ("[A]s there is no judgment contained in the record there is nothing from which he may prosecute an appeal; therefore, we are without jurisdiction to entertain his motion and it is hereby overruled."); Christman v. Chess, 102 Ky. 230, 43 S.W. 426 (1897) ("If there was not a final judgment or order in this case, it follows that this court has no jurisdiction of the appeal.").Cf. Morgan v. Register, 3 Ky. (Hard.)

  2. Pendegrist v. Newsome

    NO. 2013-CA-000168-ME (Ky. Ct. App. Dec. 20, 2013)

    An order must be final in order to be appealable. Am. Fid. & Cas. Co. v. Patterson, 237 S.W.2d 57, 58 (Ky. 1951). The test for a final judgment is whether the order grants or denies the ultimate relief sought, or whether some further step is necessary to finally determine the rights of the parties. Brumley v. Lewis, 340 S.W.2d 599, 600 (Ky. 1960).