LINDA KORFHAGE v. EDWARD A. PRELL and CAROLYN J. KORFHAGE v. JUDITH E. MCDONALD-BURKMAN, JUDGE EDWARD A. PRELL; LARRY J. KORFHAGE;
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RENDERED:
January 10, 2003; 10:00 a.m.
NOT TO BE PUBLISHED
C ommonwealth O f K entucky
C ourt O f A ppeals
NO.
2000-CA-002303-MR
LINDA KORFHAGE
v.
APPELLANT
APPEAL FROM JEFFERSON CIRCUIT COURT
HONORABLE DENISE CLAYTON, JUDGE
ACTION NO. 97-FC-007333
EDWARD A. PRELL
APPELLEE
TO BE HEARD WITH:
NO. 2001-CA-000914-MR
CAROLYN J. KORFHAGE
v.
APPELLANT
APPEAL FROM JEFFERSON CIRCUIT COURT
JUDITH E. MCDONALD-BURKMAN, JUDGE
ACTION NO. 98-CI-003739
EDWARD A. PRELL;
LARRY J. KORFHAGE;
LINDA KORFHAGE
APPELLEES
TO BE HEARD WITH:
2001-CA-000924-MR
LINDA PRELL,
NOW KORFHAGE
APPELLANT
APPEAL FROM JEFFERSON CIRCUIT COURT
JUDITH E. MCDONALD-BURKMAN, JUDGE
ACTION NO. 98-CI-003739
v.
EDWARD A. PRELL;
LARRY J. KORFHAGE;
CAROLYN KORFHAGE
APPELLEES
OPINION
AFFIRMING
** ** ** ** **
BEFORE:
COMBS, McANULTY, AND MILLER1, JUDGES.
MILLER, JUDGE:
These appeals spring from orders of the Jefferson
Circuit Court.
These appeals are somewhat confusing.
issues as best we can.
We discern the
We discuss them separately.
We affirm in
each appeal and note that many of the issues raised are without
merit.
APPEAL NO. 2000-CA-002303-MR
Linda Korfhage appeals from an order entered September
19, 2000.
We affirm.
Linda Korfhage and appellee, Edward A. Prell, were
formerly husband and wife.
During their marriage, they
purchased, upon contract, certain property located on Fern Valley
1
This opinion was prepared and concurred in prior to Judge
Miller’s retirement effective January 1, 2003.
-2-
Road in Jefferson County, Kentucky.
The purchase was made from
Linda’s parents, Larry J. and Carolyn Korfhage.
On October 1, 1997, Linda and Edward became involved in
a divorce proceeding.
On July 8, 1998, while the divorce
proceeding was in progress, the Korfhages filed a foreclosure
action (No. 98-CI-003739) against the Fern Valley property.
During the initial stage of the divorce proceedings,
for some reason, the court failed to address the disposition of
the Fern Valley property.
Upon a motion filed by Edward, the
court addressed the property directing Linda to quitclaim her
interest therein to him.
Linda objected, claiming that her prior
expressed intent to quitclaim the property was in error.
She
sought one-half of the equity, which was to remain after
foreclosure.
The circuit court rejected her contention.
On June 15, 1999, Linda brought an appeal to this
Court.
At a settlement conference under Ky. R. Civ. P. (CR)
76.03, the issue of the Fern Valley property, inter alia, was
addressed.
Pursuant to an agreement allegedly reached therein,
Linda was to quitclaim her interest in the property to Edward.
The parties then fell into disagreement over the settlement.
By
order entered May 31, 2000, this Court remanded the matter to the
circuit court for consideration of the settlement agreement.
On
September 5, 2000, the circuit court entered an order upholding
the settlement agreement.
On September 19, 2000, the order was
re-entered, thus precipitating this appeal.
Linda contends the circuit court erred in enforcing the
settlement conference agreement, and requiring her to quitclaim
-3-
the Fern Valley property to Edward.
She further contends the
court should not have interpreted the settlement conference
agreement as barring her common law judgment against Edward,
which judgment she had obtained for damage inflicted to her
property.
We review questions of law de novo.
We review the
circuit court’s findings of fact under the clearly erroneous rule
of CR 52.01.
We are of the opinion the circuit court did not err
in either its application of law or its findings of fact.
Throughout these proceedings, Linda has contended her
counsel in circuit court had no authority to agree to a transfer
of the property.
She has directed us to Clark v. Burden, Ky.,
917 S.W.2d 574 (1996), wherein it was held that counsel has no
authority to settle litigation without the client’s consent.
It
was further held that in the event of a dispute as to the
authority of counsel the facts shall be summarily determined by
the court.
Because the record contains no evidence that Linda’s
counsel acted beyond his authority, we cannot conclude that the
decision of the trial court was erroneous.
In sum, we find no error in the circuit court’s
disposition of this matter upon remand.
For the foregoing reasons, the September 19, 2000 order
of the Jefferson Circuit Court is affirmed.
APPEAL NO. 2001-CA-000914-MR
Carolyn Korfhage brings this appeal from an order of
the Jefferson Circuit Court entered March 27, 2001.
-4-
We affirm.
This appeal is related to Appeal No. 2000-CA-002303-MR
in that it involves the Fern Valley property.
In the foreclosure
action filed by Larry and Carolyn Korfhage on July 8, 1998, an
agreed judgment was entered.
21, 2000.
Said judgment was entered on July
The agreement provided for payment of the indebtedness
against the property.
This appeal involves the unsuccessful effort of Carolyn
to set aside the agreed judgment.
Her contention throughout has
been that her attorney had no authority to enter into an agreed
She directs us to Clark v. Burden, Ky., 917 S.W.2d 574
judgment.
(1996)(holding that an attorney may not settle without consent of
the client).
Upon reviewing the record herein, we are convinced that
the circuit court was correct in enforcing the agreed judgment.
The record convinces us that the settlement was made with
Carolyn’s consent.
Moreover, we are impressed with the circuit
court’s observation that there is nothing to be gained from
Carolyn’s argument inasmuch as the indebtedness against the
property was fully satisfied.
For the foregoing reasons, the March 27, 2001 order of
the Jefferson Circuit Court is affirmed.
APPEAL NO. 2001-CA-000924-MR
Linda Prell, now Korfhage, brings this appeal from a
judgment of the Jefferson Circuit Court entered March 27, 2001.
We affirm.
-5-
This is an untimely appeal.
CR 73.02.
Nevertheless,
we have examined the issues raised and are of the opinion they
are without merit.
For the foregoing reasons, the judgment of the
Jefferson Circuit Court is affirmed.
ALL CONCUR.
BRIEFS FOR APPELLANT, LINDA
KORFHAGE:
BRIEF FOR APPELLEE, EDWARD A.
PRELL:
Gregory C. Black
Louisville, Kentucky
Bruce A. Brightwell
Louisville, Kentucky
BRIEFS FOR APPELLANT, LINDA
PRELL, NOW KORFHAGE:
Stephen P. Imhoff
Louisville, Kentucky
BRIEFS FOR APPELLANT, CAROLYN
J. KORFHAGE:
Carolyn J. Korfhage, Pro Se
Louisville, Kentucky
-6-
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