CIVIL: Thomas Weird v. Eric Emberton (SC 3/18/2010)

Thomas Weird v. Eric Emberton
2008-SC-000372-DG March 18, 2010 Opinion of the Court; all concur. Justice Abramson not sitting.

On May 3, 2007, Weird tried to file his notice of appeal of judgment at the Jefferson Circuit Court’s office. However, the office closed early that day in observance of the annual Kentucky Derby Festival Parade. The Court of Appeals dismissed the appeal as untimely. The Supreme Court reversed, holding KRS 446.330 allows for an extra day when “the public office in which a document is to be filed is actually and legally closed.” The Court further held that advance notice of the early closure and the fact that Weird could have filed the notice of appeal at the district criminal traffic desk across the street did not deprive him of the additional day granted by the statute.

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