or transcript to circuit court.
(1) If either party conceive himself aggrieved by the judgment of the court, he may file an appeal within seven (7) days next after the finding aforesaid, and shall deposit with the circuit court clerk the amount of rent owing and due from the onset of the forcible entry and detainer proceedings as well as the amount of all future rents, as it becomes owing and due in each succeeding month during the pendency of the appeal. The rental moneys collected in this account shall be distributed by court order at the conclusion of an appeal.
(2) Upon the aggrieved party perfecting his appeal by the payment of moneys into court pursuant to subsection (1) of this section the court shall stay all further proceedings on the inquisition, and return the whole of the papers and proceedings, or a fair transcript thereof, to the office of the circuit court of said county, within ten (10) days thereafter. Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 319, effective January 2, 1978. -- Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 463.
Notes of Decisions
Cited in
6
cases (
1 in the last 5 years), 1966–2026 · leading case:
Anthony v. McLaughlin, 566 S.W.3d 581 (Ky. Ct. App. 2018).
Anthony v. McLaughlin, 566 S.W.3d 581 (Ky. Ct. App. 2018).
· cites it 2× “The 10-day time limit and the 7-day time limit conflict. Furthermore, the time required to have a hearing on the CR 59.”
Fickey v. Cross Creek Apts., Ltd., 700 S.W.2d 807 (Ky. Ct. App. 1985).
· cites it 5× “The appellant then filed a notice of appeal, but the Hopkins Circuit Court dismissed the appeal since the appellant had not deposited rental monies with the circuit court as required by KRS 383.255. The appellant filed a motion to vacate the order dismissing the appeal, but the…”
Beachcomber Club, Inc. v. Keith, 402 S.W.2d 689 (Ky. Ct. App. 1966).
“KRS 383.255. Subsequent proceedings were had in the Jefferson Circuit Court pursuant to the traverse.”
Bill J. Connley (Bankr. E.D. Ky. 2020).
“§ 383.255. Upon the expiration of this period, if no appeal is filed and the tenant has not vacated, the landlord must obtain a warrant from the court authorizing the sheriff (or a constable) to effect an eviction.”
Mitchell v. Hous. Auth. of Harlan, 533 S.W.2d 217 (Ky. 1976).
“Appellant filed a traverse of the judgment of the city court and executed a traverse bond (KRS 383.255). Following a trial de novo in the Harlan Circuit Court, judgment was again entered finding appellant guilty of forcible detainer.”
— Ky. Rev. Stat. § 383.255(1) — 1 case
— Ky. Rev. Stat. § 383.255(2) — 1 case
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