Opinion
NO. 2016-CA-000261-ME
01-06-2017
BYRON J. GRIMES APPELLANT v. KIMBERLY GRIMES APPELLEE
BRIEF FOR APPELLANT: Matthew D. Owen Louisville, Kentucky BRIEF FOR APPELLEE: Pamela M. Workhoven Louisville, Kentucky
NOT TO BE PUBLISHED APPEAL FROM JEFFERSON CIRCUIT COURT
HONORABLE DEBORAH DEWEESE, JUDGE
ACTION NO. 13-CI-503189 OPINION AND ORDER
DISMISSING APPEAL
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BEFORE: ACREE, J. LAMBERT AND THOMPSON, JUDGES. THOMPSON, JUDGE: Byron Grimes appeals from the Jefferson Family Court's denial of his motion to alter, amend, or vacate a portion of an order denying his motion to modify his temporary child support obligation. Because Byron has not appealed from a final and appealable order, we dismiss his appeal.
Byron and Kimberly Grimes married in 2006 and separated on August 6, 2013. On September 2, 2014, Byron was ordered to pay temporary child support for the parties' two minor children in the amount of $1,256 per month. On June 19, 2015, Bryon requested that the trial court review his temporary child support obligation.
A hearing was held on July 28, 2015, which among other issues, addressed Byron's motion for a reduction in temporary child support. On October 14, 2015, an order was entered resolving the pending motions, including Byron's motion to modify his temporary child support obligation which was denied.
On October 22, 2015, Byron filed a motion requesting that the family court alter, amend or vacate its October 14, 2015 order, including the denial of his motion to modify his temporary child support obligation. On February 2, 2016, an order was entered denying his motion. Byron filed a notice of appeal from that order.
Kentucky Rules of Civil Procedure (CR) 54.01 provides in part that "[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." Pursuant to CR 54.01's finality rule, an order establishing temporary child support is interlocutory and non-appealable. Druen v. Miller, 357 S.W.3d 547, 549 (Ky. App. 2011). See also, Knight v. Knight, 419 S.W.2d 159 (Ky. 1967); 15 Louise E. Graham & James E. Keller, Kentucky Practice-Domestic Relations Law § 13:1 (2010). Likewise, an order denying a motion to modify temporary child support is not final and appealable.
Following the denial of Byron's motion to amend, alter or vacate the family court's temporary order, "there was no final and appealable order from which a procedurally proper appeal could be taken." Wright v. Ecolab, Inc., 461 S.W.3d 753, 758 (Ky. 2015). The order denying his motion to alter, amend or vacate is not, itself, appealable. Hagg v. Kentucky Utilities Co., 660 S.W.2d 680, 682 (Ky.App. 1983).
This appeal is not an appeal from a final and appealable judgment. For that reason, the appeal is dismissed.
ALL CONCUR. ENTERED: January 6, 2017
/s/ Kelly Thompson
JUDGE, COURT OF APPEALS BRIEF FOR APPELLANT: Matthew D. Owen
Louisville, Kentucky BRIEF FOR APPELLEE: Pamela M. Workhoven
Louisville, Kentucky