PAYNE (MARY ASHLEY) VS. CASEBOLT (RICKEY LYNN)
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RENDERED: NOVEMBER 20, 2009; 10:00 A.M.
NOT TO BE PUBLISHED
Commonwealth of Kentucky
Court of Appeals
NO. 2009-CA-000275-ME
MARY ASHLEY PAYNE
v.
APPELLANT
APPEAL FROM LAUREL FAMILY COURT
HONORABLE DURENDA LUNDY LAWSON, JUDGE
ACTION NO. 08-D-00173
RICKEY LYNN CASEBOLT
APPELLEE
OPINION
REVERSING
** ** ** ** **
BEFORE: NICKELL AND WINE, JUDGES; HARRIS,1 SENIOR JUDGE.
HARRIS, SENIOR JUDGE: Mary Payne appeals from a Laurel Family Court
order entered on January 13, 2009, finding her in contempt for the violation of a
domestic violence order and imposing a jail sentence. On February 12, 2009,
1
Senior Judge William R. Harris sitting as Special Judge by assignment of the Chief Justice
pursuant to Section 110(5)(b) of the Kentucky Constitution and Kentucky Revised Statutes
(KRS) 21.580.
Payne filed her notice to appeal in the trial court. On April 23, 2009, Payne filed
her brief with this Court. The appellee did not file a brief. Kentucky Rules of
Civil Procedure 76.12(8)(c) provides:
If the appellee’s brief has not been filed within the time
allowed, the court may: (i) accept the appellant’s
statement of the facts and issues as correct; (ii) reverse
the judgment if appellant’s brief reasonably appears to
sustain such action; or (iii) regard the appellee’s failure
as a confession of error and reverse the judgment without
considering the merits of the case.
Pursuant to CR 76.12(8)(c)(iii), we elect to regard the appellee’s
failure to file a brief as a confession of error. Accordingly, we reverse the January
13, 2009, order of the Laurel Family Court without considering the merits of the
case.
ALL CONCUR.
BRIEF FOR APPELLANT:
No appellee brief filed.
Elizabeth M. Isaacs
Barbourville, Kentucky
-2-
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