Opinion
NO. 2012-CA-001823-ME
11-15-2013
NICOLE M. COX APPELLANT v. WILLIAM J. JONES APPELLEE
BRIEF FOR APPELLANT: Rachelle N. Howell Louisville, Kentucky BRIEF FOR APPELLEE: Margaret L. Matney Brandenburg, Kentucky
NOT TO BE PUBLISHED
APPEAL FROM MEADE CIRCUIT COURT
HONORABLE ROBERT A. MILLER, JUDGE
ACTION NO. 10-CI-00257
OPINION AND ORDER
DISMISSING APPEAL
BEFORE: CLAYTON, MAZE, AND NICKELL, JUDGES. CLAYTON, JUDGE: Nicole M. Cox appeals from the September 25, 2012 Meade Circuit Court order that adopted the September 25, 2012 pendente lite report and order of the Domestic Relations Commissioner (hereinafter "DRC"). Nicole and William J. Jones are the parents of K.J., a minor child. In the order, the DRC recommended that Nicole be held in contempt for her failure to appear at the September 20, 2012 hearing before the Commissioner and that William be awarded sole custody of K.J.
The Meade Circuit Court's order says "IT IS HEREBY ORDERED AND ADJUDGED that the pendente lite report be, and hereby is, approved and adopted as an order of this Court as though fully set forth herein." Besides stating that the circuit court is adopting a pendent elite order, the order does not contain the "finality" language required by Kentucky Civil Rules of Procedure (CR) 54.02. Therefore, this Appeals Court does not have jurisdiction to review the September 25, 2012 order because it is interlocutory.
It is ORDERED that this appeal be, and it is, DISMISSED.
ALL CONCUR.
Denise G. Clayton
JUDGE, COURT OF APPEALS
BRIEF FOR APPELLANT: Rachelle N. Howell
Louisville, Kentucky
BRIEF FOR APPELLEE: Margaret L. Matney
Brandenburg, Kentucky