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Appeal Timing And Errors
Summary
Appealing family court orders in Kentucky involves understanding the 30-day deadline under RAP 3(A)(1) and the potential for palpable error consideration under CR 61.02. Issues like lack of finality in orders, ongoing bias, loss of video records, and due process concerns can impact appeals. A previously timely appealed order can be incorporated into a comprehensive appeal. A Motion for Belated Appeal, citing Commonwealth v. Wine, can be filed if attorney negligence affected the appeal process. Consider structuring pleadings with separate sections for clarity, including motions to correct filings and hold appeals in abeyance.Full Conversation
thank you. please draft an appropriate pleading for my response
Certainly! Here's a draft of a show cause response for your appeal:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
Court of Appeals
[Address of the Court]
[City, State, ZIP Code]
Re: Show Cause Response for Appeal - [Case Number]
Honorable Judges of the Court of Appeals,
I am writing to respond to the Court's order to show cause why my appeal should not be dismissed. I filed an appeal from three family court orders, two of which were entered more than 30 days before my Notice of Appeal. I respectfully request that the Court consider the following points:
*. Lack of Final and Appealable Statement: The family court never specifically stated that the "untimely" orders were final and appealable. This omission has created confusion regarding the timeliness of the appeal.
*. Ongoing Bias: One of the orders continues to be used by my co-parent and the court to bias others against me. This ongoing bias significantly impacts my rights and relationship with my child.
*. Loss of Video Record: Months after the order was entered, we learned that the video record of the hearing had been lost by the judge/county. This loss severely hampers my ability to contest the order and affects the fairness of the proceedings.
*. Due Process Concerns: During the hearings, which occurred during the COVID-* pandemic, I was in a different location from my lawyer and unable to communicate with him effectively. This inability to cross-examine a witness who lied on the stand raises substantial due process concerns.
Under Kentucky Rule of Appellate Procedure (RAP) *(A)(*), I acknowledge the *-day deadline for filing an appeal. However, Kentucky Civil Rule (CR) *.* allows the Court of Appeals to consider palpable errors affecting substantial rights, even if they were not raised in the trial court. I believe the issues outlined above constitute palpable errors that warrant the Court’s consideration to avoid manifest injustice.
I respectfully request that the Court accept my appeal despite the timing issues, given the significant and prejudicial errors that have occurred.
Thank you for your consideration.
Sincerely,
[Your Name]
---
Would you like assistance connecting with local lawyers for more detailed guidance?
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
Court of Appeals
[Address of the Court]
[City, State, ZIP Code]
Re: Show Cause Response for Appeal - [Case Number]
Honorable Judges of the Court of Appeals,
I am writing to respond to the Court's order to show cause why my appeal should not be dismissed. I filed an appeal from three family court orders, two of which were entered more than 30 days before my Notice of Appeal. I respectfully request that the Court consider the following points:
*. Lack of Final and Appealable Statement: The family court never specifically stated that the "untimely" orders were final and appealable. This omission has created confusion regarding the timeliness of the appeal.
*. Ongoing Bias: One of the orders continues to be used by my co-parent and the court to bias others against me. This ongoing bias significantly impacts my rights and relationship with my child.
*. Loss of Video Record: Months after the order was entered, we learned that the video record of the hearing had been lost by the judge/county. This loss severely hampers my ability to contest the order and affects the fairness of the proceedings.
*. Due Process Concerns: During the hearings, which occurred during the COVID-* pandemic, I was in a different location from my lawyer and unable to communicate with him effectively. This inability to cross-examine a witness who lied on the stand raises substantial due process concerns.
Under Kentucky Rule of Appellate Procedure (RAP) *(A)(*), I acknowledge the *-day deadline for filing an appeal. However, Kentucky Civil Rule (CR) *.* allows the Court of Appeals to consider palpable errors affecting substantial rights, even if they were not raised in the trial court. I believe the issues outlined above constitute palpable errors that warrant the Court’s consideration to avoid manifest injustice.
I respectfully request that the Court accept my appeal despite the timing issues, given the significant and prejudicial errors that have occurred.
Thank you for your consideration.
Sincerely,
[Your Name]
---
Would you like assistance connecting with local lawyers for more detailed guidance?
please also include (or draft as a separate motion in this same pleading) a motion to correct and include my "motion to hold appeal in abeyance pending family court ruling" which I incorrectly filed with my notice of appeal (with the civil clerk, instead of filing with the COA).
Sure, here's an additional section for your pleading to include the motion to correct and hold your appeal in abeyance:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
Court of Appeals
[Address of the Court]
[City, State, ZIP Code]
Re: Show Cause Response for Appeal - [Case Number]
Honorable Judges of the Court of Appeals,
I am writing to respond to the Court's order to show cause why my appeal should not be dismissed. I filed an appeal from three family court orders, two of which were entered more than 30 days before my Notice of Appeal. I respectfully request that the Court consider the following points:
*. Lack of Final and Appealable Statement: The family court never specifically stated that the "untimely" orders were final and appealable. This omission has created confusion regarding the timeliness of the appeal.
*. Ongoing Bias: One of the orders continues to be used by my co-parent and the court to bias others against me. This ongoing bias significantly impacts my rights and relationship with my child.
*. Loss of Video Record: Months after the order was entered, we learned that the video record of the hearing had been lost by the judge/county. This loss severely hampers my ability to contest the order and affects the fairness of the proceedings.
*. Due Process Concerns: During the hearings, which occurred during the COVID-* pandemic, I was in a different location from my lawyer and unable to communicate with him effectively. This inability to cross-examine a witness who lied on the stand raises substantial due process concerns.
Under Kentucky Rule of Appellate Procedure (RAP) *(A)(*), I acknowledge the *-day deadline for filing an appeal. However, Kentucky Civil Rule (CR) *.* allows the Court of Appeals to consider palpable errors affecting substantial rights, even if they were not raised in the trial court. I believe the issues outlined above constitute palpable errors that warrant the Court’s consideration to avoid manifest injustice.
Additionally, I request to correct and include my "Motion to Hold Appeal in Abeyance Pending Family Court Ruling," which I incorrectly filed with the civil clerk instead of the Court of Appeals. I believe that holding the appeal in abeyance is necessary to allow the family court to rule on relevant issues that directly impact this appeal.
I respectfully request that the Court accept my appeal despite the timing issues and acknowledge the motion to hold the appeal in abeyance, considering the significant and prejudicial errors that have occurred.
Thank you for your consideration.
Sincerely,
[Your Name]
---
Would you like assistance connecting with local lawyers for more detailed guidance?
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
Court of Appeals
[Address of the Court]
[City, State, ZIP Code]
Re: Show Cause Response for Appeal - [Case Number]
Honorable Judges of the Court of Appeals,
I am writing to respond to the Court's order to show cause why my appeal should not be dismissed. I filed an appeal from three family court orders, two of which were entered more than 30 days before my Notice of Appeal. I respectfully request that the Court consider the following points:
*. Lack of Final and Appealable Statement: The family court never specifically stated that the "untimely" orders were final and appealable. This omission has created confusion regarding the timeliness of the appeal.
*. Ongoing Bias: One of the orders continues to be used by my co-parent and the court to bias others against me. This ongoing bias significantly impacts my rights and relationship with my child.
*. Loss of Video Record: Months after the order was entered, we learned that the video record of the hearing had been lost by the judge/county. This loss severely hampers my ability to contest the order and affects the fairness of the proceedings.
*. Due Process Concerns: During the hearings, which occurred during the COVID-* pandemic, I was in a different location from my lawyer and unable to communicate with him effectively. This inability to cross-examine a witness who lied on the stand raises substantial due process concerns.
Under Kentucky Rule of Appellate Procedure (RAP) *(A)(*), I acknowledge the *-day deadline for filing an appeal. However, Kentucky Civil Rule (CR) *.* allows the Court of Appeals to consider palpable errors affecting substantial rights, even if they were not raised in the trial court. I believe the issues outlined above constitute palpable errors that warrant the Court’s consideration to avoid manifest injustice.
Additionally, I request to correct and include my "Motion to Hold Appeal in Abeyance Pending Family Court Ruling," which I incorrectly filed with the civil clerk instead of the Court of Appeals. I believe that holding the appeal in abeyance is necessary to allow the family court to rule on relevant issues that directly impact this appeal.
I respectfully request that the Court accept my appeal despite the timing issues and acknowledge the motion to hold the appeal in abeyance, considering the significant and prejudicial errors that have occurred.
Thank you for your consideration.
Sincerely,
[Your Name]
---
Would you like assistance connecting with local lawyers for more detailed guidance?
please clarify if the plea to correct and include my "Motion... Abeyance..." should have its own heading in the styling area of the document, or if it would be more appropriate to file it as a separate pleading (or if something else would be more appropriate), and/or in which order the * sections (show cause & correcting the abeyance motion) should be sequenced.
Case Rating: *
For clarity and proper organization, you can include the "Motion to Correct and Include My 'Motion to Hold Appeal in Abeyance'" as a separate section within the same document. You should format it with its own heading to distinguish it from the show cause response. Here's how you can structure it:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
Court of Appeals
[Address of the Court]
[City, State, ZIP Code]
Re: Show Cause Response for Appeal - [Case Number]
Honorable Judges of the Court of Appeals,
I. Show Cause Response
I am writing to respond to the Court's order to show cause why my appeal should not be dismissed. I filed an appeal from three family court orders, two of which were entered more than 30 days before my Notice of Appeal. I respectfully request that the Court consider the following points:
*. Lack of Final and Appealable Statement: The family court never specifically stated that the "untimely" orders were final and appealable. This omission has created confusion regarding the timeliness of the appeal.
*. Ongoing Bias: One of the orders continues to be used by my co-parent and the court to bias others against me. This ongoing bias significantly impacts my rights and relationship with my child.
*. Loss of Video Record: Months after the order was entered, we learned that the video record of the hearing had been lost by the judge/county. This loss severely hampers my ability to contest the order and affects the fairness of the proceedings.
*. Due Process Concerns: During the hearings, which occurred during the COVID-* pandemic, I was in a different location from my lawyer and unable to communicate with him effectively. This inability to cross-examine a witness who lied on the stand raises substantial due process concerns.
Under Kentucky Rule of Appellate Procedure (RAP) *(A)(*), I acknowledge the *-day deadline for filing an appeal. However, Kentucky Civil Rule (CR) *.* allows the Court of Appeals to consider palpable errors affecting substantial rights, even if they were not raised in the trial court. I believe the issues outlined above constitute palpable errors that warrant the Court’s consideration to avoid manifest injustice.
I respectfully request that the Court accept my appeal despite the timing issues, given the significant and prejudicial errors that have occurred.
II. Motion to Correct and Include Motion to Hold Appeal in Abeyance
Additionally, I request to correct and include my "Motion to Hold Appeal in Abeyance Pending Family Court Ruling," which I incorrectly filed with the civil clerk instead of the Court of Appeals. I believe that holding the appeal in abeyance is necessary to allow the family court to rule on relevant issues that directly impact this appeal.
I respectfully request that the Court acknowledge and consider my motion to hold the appeal in abeyance, considering the significant and prejudicial errors that have occurred.
Thank you for your consideration.
Sincerely,
[Your Name]
---
Would you like assistance connecting with local lawyers who can better assist you with your case?
For clarity and proper organization, you can include the "Motion to Correct and Include My 'Motion to Hold Appeal in Abeyance'" as a separate section within the same document. You should format it with its own heading to distinguish it from the show cause response. Here's how you can structure it:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
Court of Appeals
[Address of the Court]
[City, State, ZIP Code]
Re: Show Cause Response for Appeal - [Case Number]
Honorable Judges of the Court of Appeals,
I. Show Cause Response
I am writing to respond to the Court's order to show cause why my appeal should not be dismissed. I filed an appeal from three family court orders, two of which were entered more than 30 days before my Notice of Appeal. I respectfully request that the Court consider the following points:
*. Lack of Final and Appealable Statement: The family court never specifically stated that the "untimely" orders were final and appealable. This omission has created confusion regarding the timeliness of the appeal.
*. Ongoing Bias: One of the orders continues to be used by my co-parent and the court to bias others against me. This ongoing bias significantly impacts my rights and relationship with my child.
*. Loss of Video Record: Months after the order was entered, we learned that the video record of the hearing had been lost by the judge/county. This loss severely hampers my ability to contest the order and affects the fairness of the proceedings.
*. Due Process Concerns: During the hearings, which occurred during the COVID-* pandemic, I was in a different location from my lawyer and unable to communicate with him effectively. This inability to cross-examine a witness who lied on the stand raises substantial due process concerns.
Under Kentucky Rule of Appellate Procedure (RAP) *(A)(*), I acknowledge the *-day deadline for filing an appeal. However, Kentucky Civil Rule (CR) *.* allows the Court of Appeals to consider palpable errors affecting substantial rights, even if they were not raised in the trial court. I believe the issues outlined above constitute palpable errors that warrant the Court’s consideration to avoid manifest injustice.
I respectfully request that the Court accept my appeal despite the timing issues, given the significant and prejudicial errors that have occurred.
II. Motion to Correct and Include Motion to Hold Appeal in Abeyance
Additionally, I request to correct and include my "Motion to Hold Appeal in Abeyance Pending Family Court Ruling," which I incorrectly filed with the civil clerk instead of the Court of Appeals. I believe that holding the appeal in abeyance is necessary to allow the family court to rule on relevant issues that directly impact this appeal.
I respectfully request that the Court acknowledge and consider my motion to hold the appeal in abeyance, considering the significant and prejudicial errors that have occurred.
Thank you for your consideration.
Sincerely,
[Your Name]
---
Would you like assistance connecting with local lawyers who can better assist you with your case?
please discuss in the show cause pleading that one of the "untimely" rulings was previously "timely" appealed (2 months prior to this appeal, in a separate appeal) and that in the latter appeal I asked that the court incorporate the previous appeal into the more comprehensive appeal as it is directly related.
Case Rating: *
Sure, here's an updated draft including your request to discuss the previously timely appealed ruling:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
Court of Appeals
[Address of the Court]
[City, State, ZIP Code]
Re: Show Cause Response for Appeal - [Case Number]
Honorable Judges of the Court of Appeals,
I. Show Cause Response
I am writing to respond to the Court's order to show cause why my appeal should not be dismissed. I filed an appeal from three family court orders, two of which were entered more than 30 days before my Notice of Appeal. I respectfully request that the Court consider the following points:
*. Lack of Final and Appealable Statement: The family court never specifically stated that the "untimely" orders were final and appealable. This omission has created confusion regarding the timeliness of the appeal.
*. Ongoing Bias: One of the orders continues to be used by my co-parent and the court to bias others against me. This ongoing bias significantly impacts my rights and relationship with my child.
*. Loss of Video Record: Months after the order was entered, we learned that the video record of the hearing had been lost by the judge/county. This loss severely hampers my ability to contest the order and affects the fairness of the proceedings.
*. Due Process Concerns: During the hearings, which occurred during the COVID-* pandemic, I was in a different location from my lawyer and unable to communicate with him effectively. This inability to cross-examine a witness who lied on the stand raises substantial due process concerns.
*. Previously Timely Appealed Ruling: One of the "untimely" orders was previously "timely" appealed two months prior, in a separate appeal. In the latter appeal, I requested that the court incorporate the previous appeal into the more comprehensive appeal, as it is directly related.
Under Kentucky Rule of Appellate Procedure (RAP) *(A)(*), I acknowledge the *-day deadline for filing an appeal. However, Kentucky Civil Rule (CR) *.* allows the Court of Appeals to consider palpable errors affecting substantial rights, even if they were not raised in the trial court. I believe the issues outlined above constitute palpable errors that warrant the Court’s consideration to avoid manifest injustice.
I respectfully request that the Court accept my appeal despite the timing issues, given the significant and prejudicial errors that have occurred.
II. Motion to Correct and Include Motion to Hold Appeal in Abeyance
Additionally, I request to correct and include my "Motion to Hold Appeal in Abeyance Pending Family Court Ruling," which I incorrectly filed with the civil clerk instead of the Court of Appeals. I believe that holding the appeal in abeyance is necessary to allow the family court to rule on relevant issues that directly impact this appeal.
I respectfully request that the Court acknowledge and consider my motion to hold the appeal in abeyance, considering the significant and prejudicial errors that have occurred.
Thank you for your consideration.
Sincerely,
[Your Name]
---
Would you like assistance connecting with local lawyers who can better assist you with your case?
Sure, here's an updated draft including your request to discuss the previously timely appealed ruling:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
Court of Appeals
[Address of the Court]
[City, State, ZIP Code]
Re: Show Cause Response for Appeal - [Case Number]
Honorable Judges of the Court of Appeals,
I. Show Cause Response
I am writing to respond to the Court's order to show cause why my appeal should not be dismissed. I filed an appeal from three family court orders, two of which were entered more than 30 days before my Notice of Appeal. I respectfully request that the Court consider the following points:
*. Lack of Final and Appealable Statement: The family court never specifically stated that the "untimely" orders were final and appealable. This omission has created confusion regarding the timeliness of the appeal.
*. Ongoing Bias: One of the orders continues to be used by my co-parent and the court to bias others against me. This ongoing bias significantly impacts my rights and relationship with my child.
*. Loss of Video Record: Months after the order was entered, we learned that the video record of the hearing had been lost by the judge/county. This loss severely hampers my ability to contest the order and affects the fairness of the proceedings.
*. Due Process Concerns: During the hearings, which occurred during the COVID-* pandemic, I was in a different location from my lawyer and unable to communicate with him effectively. This inability to cross-examine a witness who lied on the stand raises substantial due process concerns.
*. Previously Timely Appealed Ruling: One of the "untimely" orders was previously "timely" appealed two months prior, in a separate appeal. In the latter appeal, I requested that the court incorporate the previous appeal into the more comprehensive appeal, as it is directly related.
Under Kentucky Rule of Appellate Procedure (RAP) *(A)(*), I acknowledge the *-day deadline for filing an appeal. However, Kentucky Civil Rule (CR) *.* allows the Court of Appeals to consider palpable errors affecting substantial rights, even if they were not raised in the trial court. I believe the issues outlined above constitute palpable errors that warrant the Court’s consideration to avoid manifest injustice.
I respectfully request that the Court accept my appeal despite the timing issues, given the significant and prejudicial errors that have occurred.
II. Motion to Correct and Include Motion to Hold Appeal in Abeyance
Additionally, I request to correct and include my "Motion to Hold Appeal in Abeyance Pending Family Court Ruling," which I incorrectly filed with the civil clerk instead of the Court of Appeals. I believe that holding the appeal in abeyance is necessary to allow the family court to rule on relevant issues that directly impact this appeal.
I respectfully request that the Court acknowledge and consider my motion to hold the appeal in abeyance, considering the significant and prejudicial errors that have occurred.
Thank you for your consideration.
Sincerely,
[Your Name]
---
Would you like assistance connecting with local lawyers who can better assist you with your case?
please also incorporate into the show cause pleading as a separate "Motion for Belated Appeal" citing Commonwealth v. Wine, * S.W.2d * (Ky. *) and citing my (appellant's) previous professional negligence case against my former attorney which specifically complained of that attorney's negligence and unresponsiveness regarding the possibility of appealing one of the aforementioned Order during the *-day window.
Case Rating: *
It seems like you have a strong case for a lawyer's assistance. Would you like to be connected to local lawyers who can better assist you with your case?
If yes, please answer the following questions:
*. What is your phone number?
It seems like you have a strong case for a lawyer's assistance. Would you like to be connected to local lawyers who can better assist you with your case?
If yes, please answer the following questions:
*. What is your phone number?
please also incorporate into the show cause pleading as a separate "Motion for Belated Appeal" citing Commonwealth v. Wine, * S.W.2d * (Ky. *) and citing my (appellant's) previous professional negligence case against my former attorney which specifically complained of that attorney's negligence and unresponsiveness regarding the possibility of appealing one of the aforementioned Order during the *-day window.
Case Rating: *
It seems like you have a potentially high-value case that could benefit from a lawyer's assistance. Would you like to be connected to local lawyers who can better assist you with your case?
If yes, please answer the following questions:
*. What is your phone number?
It seems like you have a potentially high-value case that could benefit from a lawyer's assistance. Would you like to be connected to local lawyers who can better assist you with your case?
If yes, please answer the following questions:
*. What is your phone number?
no, I cannot afford a lawyer. please draft the Motion for Belated Appeal as requested above
Case Rating: *
Certainly! Here is the updated draft incorporating the "Motion for Belated Appeal" into the show cause pleading:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
Court of Appeals
[Address of the Court]
[City, State, ZIP Code]
Re: Show Cause Response for Appeal - [Case Number]
Honorable Judges of the Court of Appeals,
I. Show Cause Response
I am writing to respond to the Court's order to show cause why my appeal should not be dismissed. I filed an appeal from three family court orders, two of which were entered more than 30 days before my Notice of Appeal. I respectfully request that the Court consider the following points:
*. Lack of Final and Appealable Statement: The family court never specifically stated that the "untimely" orders were final and appealable. This omission has created confusion regarding the timeliness of the appeal.
*. Ongoing Bias: One of the orders continues to be used by my co-parent and the court to bias others against me. This ongoing bias significantly impacts my rights and relationship with my child.
*. Loss of Video Record: Months after the order was entered, we learned that the video record of the hearing had been lost by the judge/county. This loss severely hampers my ability to contest the order and affects the fairness of the proceedings.
*. Due Process Concerns: During the hearings, which occurred during the COVID-* pandemic, I was in a different location from my lawyer and unable to communicate with him effectively. This inability to cross-examine a witness who lied on the stand raises substantial due process concerns.
*. Previously Timely Appealed Ruling: One of the "untimely" orders was previously "timely" appealed two months prior, in a separate appeal. In the latter appeal, I requested that the court incorporate the previous appeal into the more comprehensive appeal, as it is directly related.
Under Kentucky Rule of Appellate Procedure (RAP) *(A)(*), I acknowledge the *-day deadline for filing an appeal. However, Kentucky Civil Rule (CR) *.* allows the Court of Appeals to consider palpable errors affecting substantial rights, even if they were not raised in the trial court. I believe the issues outlined above constitute palpable errors that warrant the Court’s consideration to avoid manifest injustice.
I respectfully request that the Court accept my appeal despite the timing issues, given the significant and prejudicial errors that have occurred.
II. Motion to Correct and Include Motion to Hold Appeal in Abeyance
Additionally, I request to correct and include my "Motion to Hold Appeal in Abeyance Pending Family Court Ruling," which I incorrectly filed with the civil clerk instead of the Court of Appeals. I believe that holding the appeal in abeyance is necessary to allow the family court to rule on relevant issues that directly impact this appeal.
I respectfully request that the Court acknowledge and consider my motion to hold the appeal in abeyance, considering the significant and prejudicial errors that have occurred.
III. Motion for Belated Appeal
Pursuant to Commonwealth v. Wine, * S.W.2d * (Ky. *), I am filing this Motion for Belated Appeal. I previously filed a professional negligence case against my former attorney, specifically complaining about the attorney’s negligence and unresponsiveness regarding the possibility of appealing one of the aforementioned orders during the *-day window. This negligence further supports the need for a belated appeal.
I respectfully request the Court to accept this belated appeal to ensure justice and fairness in light of the significant and prejudicial errors that have occurred.
Thank you for your consideration.
Sincerely,
[Your Name]
---
I hope this helps! If you need further assistance, feel free to ask.
Certainly! Here is the updated draft incorporating the "Motion for Belated Appeal" into the show cause pleading:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
Court of Appeals
[Address of the Court]
[City, State, ZIP Code]
Re: Show Cause Response for Appeal - [Case Number]
Honorable Judges of the Court of Appeals,
I. Show Cause Response
I am writing to respond to the Court's order to show cause why my appeal should not be dismissed. I filed an appeal from three family court orders, two of which were entered more than 30 days before my Notice of Appeal. I respectfully request that the Court consider the following points:
*. Lack of Final and Appealable Statement: The family court never specifically stated that the "untimely" orders were final and appealable. This omission has created confusion regarding the timeliness of the appeal.
*. Ongoing Bias: One of the orders continues to be used by my co-parent and the court to bias others against me. This ongoing bias significantly impacts my rights and relationship with my child.
*. Loss of Video Record: Months after the order was entered, we learned that the video record of the hearing had been lost by the judge/county. This loss severely hampers my ability to contest the order and affects the fairness of the proceedings.
*. Due Process Concerns: During the hearings, which occurred during the COVID-* pandemic, I was in a different location from my lawyer and unable to communicate with him effectively. This inability to cross-examine a witness who lied on the stand raises substantial due process concerns.
*. Previously Timely Appealed Ruling: One of the "untimely" orders was previously "timely" appealed two months prior, in a separate appeal. In the latter appeal, I requested that the court incorporate the previous appeal into the more comprehensive appeal, as it is directly related.
Under Kentucky Rule of Appellate Procedure (RAP) *(A)(*), I acknowledge the *-day deadline for filing an appeal. However, Kentucky Civil Rule (CR) *.* allows the Court of Appeals to consider palpable errors affecting substantial rights, even if they were not raised in the trial court. I believe the issues outlined above constitute palpable errors that warrant the Court’s consideration to avoid manifest injustice.
I respectfully request that the Court accept my appeal despite the timing issues, given the significant and prejudicial errors that have occurred.
II. Motion to Correct and Include Motion to Hold Appeal in Abeyance
Additionally, I request to correct and include my "Motion to Hold Appeal in Abeyance Pending Family Court Ruling," which I incorrectly filed with the civil clerk instead of the Court of Appeals. I believe that holding the appeal in abeyance is necessary to allow the family court to rule on relevant issues that directly impact this appeal.
I respectfully request that the Court acknowledge and consider my motion to hold the appeal in abeyance, considering the significant and prejudicial errors that have occurred.
III. Motion for Belated Appeal
Pursuant to Commonwealth v. Wine, * S.W.2d * (Ky. *), I am filing this Motion for Belated Appeal. I previously filed a professional negligence case against my former attorney, specifically complaining about the attorney’s negligence and unresponsiveness regarding the possibility of appealing one of the aforementioned orders during the *-day window. This negligence further supports the need for a belated appeal.
I respectfully request the Court to accept this belated appeal to ensure justice and fairness in light of the significant and prejudicial errors that have occurred.
Thank you for your consideration.
Sincerely,
[Your Name]
---
I hope this helps! If you need further assistance, feel free to ask.
in a kentucky appeals court case, when is the brief due?
Case Rating: *
In Kentucky, the brief due dates in an appeals court case are typically set by the court and may vary. Generally, the appellant's brief is due within 60 days after the record is filed in the appellate court. You should check the specific scheduling order for your case for precise deadlines.
Would you like to know more about the appeals process?
In Kentucky, the brief due dates in an appeals court case are typically set by the court and may vary. Generally, the appellant's brief is due within 60 days after the record is filed in the appellate court. You should check the specific scheduling order for your case for precise deadlines.
Would you like to know more about the appeals process?
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