LINDA S. CORNETT ARMENIS v. NATIONAL CITY BANK OF KENTUCKY AND SPYRIDON ARMENIS v. NATIONAL CITY BANK OF KENTUCKY AND LINDA S. ARMENIS and SPYRIDON ARMENIS
Annotate this Case
Download PDF
RENDERED: July 30, 2004, 2:00 p.m.
NOT TO BE PUBLISHED
Commonwealth Of Kentucky
Court of Appeals
NO. 2002-CA-002635-MR
LINDA S. CORNETT ARMENIS
v.
APPELLANT
APPEAL FROM FAYETTE CIRCUIT COURT
HONORABLE MARY C. NOBLE, JUDGE
ACTION NO. 01-CI-04430
NATIONAL CITY BANK OF KENTUCKY
APPELLEE
AND
NO. 2002-CA-002636-MR
SPYRIDON ARMENIS
v.
APPELLANT
APPEAL FROM FAYETTE CIRCUIT COURT
HONORABLE MARY C. NOBLE, JUDGE
ACTION NO. 01-CI-04430
NATIONAL CITY BANK OF KENTUCKY
APPELLEE
AND
NO. 2003-CA-000247-MR
LINDA S. ARMENIS and
SPYRIDON ARMENIS
APPELLANTS
v.
APPEAL FROM FAYETTE CIRCUIT COURT
HONORABLE MARY C. NOBLE, JUDGE
ACTION NO. 01-CI-04430
NATIONAL CITY BANK OF KENTUCKY
APPELLEE
AND
NO. 2003-CA-000733-MR
LINDA S. CORNETT ARMENIS
and SPYRIDON ARMENIS
v.
APPELLANTS
APPEAL FROM FAYETTE CIRCUIT COURT
HONORABLE MARY C. NOBLE, JUDGE
ACTION NO. 01-CI-04430
NATIONAL CITY BANK OF KENTUCKY
APPELLEE
OPINION AND ORDER
DISMISSING APPEALS
** ** ** ** **
BEFORE:
TACKETT, JUDGE; EMBERTON AND MILLER, SENIOR JUDGES.1
EMBERTON, SENIOR JUDGE.
On December 26, 2002, Spyridon Armenis
and Linda S. Cornett Armenis filed separate notices of appeal
from an order and judgment of sale entered by the Fayette
Circuit Court on November 22, 2002.
1
Senior Judge Thomas D. Emberton and Senior Judge John D. Miller sitting as
Special Judges by assignment of the Chief Justice pursuant to Section
110(5)(b) of the Kentucky Constitution and KRS 21.580.
-2-
CR2 73.02(1)(a) expressly states that the notice of
appeal “shall be filed within thirty days after the date of
notation of service of the judgment or order under Rule
77.04(2).”
The time period is mandatory and failure to comply
is fatal to an appeal.3
The prescribed time period permitted is
not to be extended nor excused because of the failure to receive
notice of the entry of the order appealed.4
Although pursuant to
CR 73.02(d), upon proper motion, a trial court has limited
discretion to extend the time period in which to file a notice
of appeal to no more than ten days, no such motion was made.
Spyridon Armenis and Linda S. Cornett Armenis filed
two additional appeals.
The first filed on February 4, 2003, is
an appeal from a January 17, 2003, order denying a “Petition to
Re-establish the Document” and “Motion to Stay Foreclosure,” and
a January 24, 2003, order denying the “Motion for
Reconsideration for the Petition to Re-establish the Document.”
Subsequently, the appellants also appealed Fayette Circuit Court
orders approving the Master Commissioner’s report of sale and
the conveyance of the deed of the Master Commissioner.
This is a foreclosure proceeding commenced by National
City Bank of Kentucky against property titled in the name of
2
Kentucky Rules of Civil Procedure.
3
Fox v. House, Ky. App., 912 S.W.2d 450 (1995).
4
Stewart v. Kentucky Lottery Corporation, Ky. App., 986 S.W.2d 918 (1998).
-3-
Stephen G. E. Grossman.
On January 7, 2002, the Fayette Circuit
Court granted the motion of Douglas C. Brandon and Brian P.
Gilfedder to intervene in the action for the purpose of
asserting an attachment lien upon the property.
Neither Brandon
nor Gilfedder are named in the notices of appeal filed.
We hold
that Brandon and Gilfedder are indispensable parties to the
appeals and the failure to designate them in the notices of
appeal is fatal.5
Therefore, it is hereby ORDERED that all the abovestyled appeals are dismissed.
ALL CONCUR.
ENTERED: _July 30, 2004_
/s/ Thomas D. Emberton______
SENIOR JUDGE, COURT OF APPEALS
BRIEF FOR APPELLANTS:
BRIEF FOR APPELLEE:
Dr. Spyridon Armenis and Linda
S. Cornett Armenis, Pro Se
London, Kentucky
Douglas J. Hallock
MORGAN & POTTINGER, P.S.C.
Lexington, Kentucky
5
City of Devondale v. Stallings, Ky., 795 S.W.2d 954, 957 (1990).
-4-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
