APPEALS – Matter of right and supercedeas bonds: HINES V. CARPENTER (COA 2/27/2009)

Hines v. Carpenter
2009 WL 275837
Opinion by Judge Nickell; Chief Judge Combs and Senior Judge Graves concurred.

The Court affirmed an order of the circuit court denying appellants’ motion to compel appellee to pay them a lump sum for damages they allegedly incurred when appellee posted a supersedeas bond, which stayed collection of a summary judgment awarded to them for back child support. The Court held that, although appellants had been without the funds awarded them for far too long, § 115 of the Kentucky Constitution allowed appellee one matter-of-right appeal. Although, appellant had perfected more than one appeal in his effort to stall paying back child support, he appealed the supplemental summary judgment only once. Thus, pursuant to KRS 26A.300(1), the motion to compel the payment of damages was statutorily forbidden.

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