BEVERLY MCCLENDON v. JERRY R. HODGES
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RENDERED: MAY 11, 2007; 2:00 P.M.
NOT TO BE PUBLISHED
Commonwealth of Kentucky
Court of Appeals
NO. 2007-CA-000488-MR
AND
NO. 2007-CA-000524-MR
BEVERLY MCCLENDON
v.
APPELLANT/
CROSS-APPELLEE
APPEAL AND CROSS-APPEAL FROM MONROE CIRCUIT COURT
HONORABLE RON JOHNSON, JUDGE
ACTION NO. 06-CI-00180
JERRY R. HODGES
APPELLEE/
CROSS-APPELLANT
OPINION AND ORDER
DISMISSING CROSS-APPEAL
** ** ** ** **
BEFORE: ABRAMSON AND TAYLOR, JUDGES; KNOPF,1 SENIOR JUDGE.
TAYLOR, JUDGE: Beverly McClendon filed a motion to dismiss Cross-Appeal No.
2007-CA-000524-MR for failure of Jerry R. Hodges to execute a supersedeas bond under
Kentucky Revised Statutes (KRS) 120.075. For the reasons hereinafter elucidated, we
grant the motion and dismiss Cross-Appeal No. 2007-CA-000524-MR.
1
Senior Judge William L. Knopf sitting as Special Judge by assignment of the Chief Justice
pursuant to Section 110(5)(b) of the Kentucky Constitution and Kentucky Revised Statutes
21.580.
An election contest is a statutory proceeding and the mandates of such
statutes must be strictly followed. Brock v. Saylor, 300 Ky. 471, 189 S.W.2d 688 (1945);
Doe v. Golden & Walters, PLLC, 173 S.W.3d 260 (Ky.App. 2005). KRS 120.175 grants
a party to an election contest the right to file an appeal with the Court of Appeals. To
properly file such an appeal, KRS 120.175 requires that the mandates of KRS 120.075 be
followed. KRS 120.075 specifically mandates the execution of a supersedeas bond in the
circuit court. Without a correctly executed supersedeas bond, the Court of Appeals is
without jurisdiction to hear the appeal. Wheeler v. Rea, 306 S.W.2d 294 (Ky. 1957).
Also, the execution of a supersedeas bond is mandatory in both an appeal and a crossappeal from an election contest. Campbell v. Combs, 273 Ky. 404, 116 S.W.2d 955
(1938)(dismissing cross-appeal in election contest for failure to execute supersedeas
bond).
In Appeal No. 2007-CA-000488-MR, McClendon properly executed a
supersedeas bond in the circuit court. However, in Cross-Appeal No. 2007-CA-000524MR, Hodges failed to execute a supersedeas bond in the circuit court. As such, this Court
has no jurisdiction to hear Cross-Appeal No. 2007-CA-000524-MR.
Now, therefore, be it ORDERED that McClendon's motion to dismiss
Cross-Appeal No. 2007-CA-000524-MR is hereby GRANTED.
ALL CONCUR.
ENTERED: May 11, 2007
/s/ Jeff S. Taylor
JUDGE, COURT OF APPEALS
-2-
BRIEF FOR APPELLANT/CROSSAPPELLEE:
BRIEF FOR APPELLEE/CROSSAPPELLANT:
Daniel T. Taylor, III
Louisville, Kentucky
David M. Cross
Albany, Kentucky
-3-
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