(1) Any party may appeal to the Court of Appeals from a judgment entered under KRS
120.065. The appeal shall be in accordance with the Rules of Civil Procedure,
except that the notice of appeal shall be filed and a supersedeas bond executed in
the Circuit Court, and the record shall be filed in the Court of Appeals, within ten
(10) days after the entry of the judgment, or within such other time as the Court of
Appeals may, for cause shown, permit. The entire original record shall be filed and
no designation of record shall be required.
(2) Upon the filing of the record, the clerk of the Court of Appeals shall immediately
deliver it to the chief judge.
(3) The Court of Appeals in its discretion may issue its mandate forthwith after
rendering its decision, but it shall be without prejudice to the right of the losing
party to file a petition for rehearing or the power of the court to recall the mandate
should the petition be sustained.
(4) If the judgment is reversed and the case remanded for trial or further action, the
proceedings shall continue in the Circuit Court in like manner as when originally
filed, beginning ten (10) days after the filing of the mandate with notice to the
adverse party.
History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 134. -- Amended 1976
Ky. Acts ch. 62, sec. 88. -- Created 1974 Ky. Acts ch. 130, sec. 160.
Notes of Decisions
Cited in
7
cases (
2 in the last 5 years), 1977–2022 · leading case:
Sims v. Atwell, 556 S.W.2d 929 (Ky. Ct. App. 1977).
Sims v. Atwell, 556 S.W.2d 929 (Ky. Ct. App. 1977).
“…must be affirmed, because Atwell has not shown that he is entitled to any relief. The mandate shall issue forthwith. KRS 120.075(3). All concur.”
Burkhart v. Blanton, 635 S.W.2d 328 (Ky. Ct. App. 1982).
“The appellant has proceeded as though he were appealing from the result of an election contest under KRS 120.075 and 120.015. The proper method for challenging the qualifications of a candidate is by the procedure set out in KRS 118.”
Stearns v. Davis, 707 S.W.2d 787 (Ky. Ct. App. 1985).
· cites it 4× “175 directs that appeals in general elections be prosecuted in the same manner as that provided in KRS 120.075 for appeals in the contest of a primary election.”
Bridgette Ehly v. Commonwealth of Kentucky State Bd. of Elections (Ky. Ct. App. 2022).
· cites it 4× “095(2) provides that appeals of recounts of primary elections are governed by the provisions of KRS 120.075. KRS 120.075(1) provides in relevant part that such appeals: -4- shall be in accordance with the Rules of Civil Procedure, except that the notice of appeal shall be filed…”
Waters v. Skinner, 237 S.W.3d 551 (Ky. Ct. App. 2007).
· cites it 2× “175 and KRS 120.075, Randy Waters has brought this appeal from a decision of the McCreary Circuit Court in an election contest.”
Coomer v. Tamme, 777 S.W.2d 607 (Ky. Ct. App. 1989).
“This appeal has been taken, pursuant to KRS 120.075, from the decision of the Boyle Circuit Court dismissing a contest concerning the 1989 democratic primary for nomination to the office of Property Valuation Administrator of Boyle County.”
— Ky. Rev. Stat. § 120.075(1) — 2 cases
Bridgette Ehly v. Commonwealth of Kentucky State Bd. of Elections (Ky. Ct. App. 2022).
“095(2) provides that appeals of recounts of primary elections are governed by the provisions of KRS 120.075. KRS 120.075(1) provides in relevant part that such appeals: -4- shall be in accordance with the Rules of Civil Procedure, except that the notice of appeal shall be filed…”
Waters v. Skinner, 237 S.W.3d 551 (Ky. Ct. App. 2007).
“175 and KRS 120.075, Randy Waters has brought this appeal from a decision of the McCreary Circuit Court in an election contest.”
— Ky. Rev. Stat. § 120.075(3) — 1 case
Sims v. Atwell, 556 S.W.2d 929 (Ky. Ct. App. 1977).
“…must be affirmed, because Atwell has not shown that he is entitled to any relief. The mandate shall issue forthwith. KRS 120.075(3). All concur.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.