CRYSTAL SMITH v. WASHINGTON MUTUAL BANK, ITS SUCCESSORS AND ASSIGNS; AND OPTION ONE
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RENDERED:
SEPTEMBER 2, 2005; 10:00 A.M.
NOT TO BE PUBLISHED
Commonwealth Of Kentucky
Court of Appeals
NO. 2004-CA-001586-MR
CRYSTAL SMITH
v.
APPELLANT
APPEAL FROM MENIFEE CIRCUIT COURT
HONORABLE WILLIAM B. MAINS, JUDGE
ACTION NO. 02-CI-90037
WASHINGTON MUTUAL BANK, ITS
SUCCESSORS AND ASSIGNS; AND
OPTION ONE
APPELLEES
OPINION AND ORDER
DISMISSING
** ** ** ** **
BEFORE:
COMBS, CHIEF JUDGE; JOHNSON AND McANULTY, JUDGES.
COMBS, CHIEF JUDGE:
Crystal Smith, pro se, appeals from an
order of July 9, 2004, of the Menifee Circuit Court reflecting
the terms of a settlement agreement.
After reviewing the
proceedings, we are compelled to dismiss the appeal, sua sponte.
On March 26, 2002, Washington Mutual Bank filed a
foreclosure action against Crystal Smith.
She answered the
complaint and denied that she had defaulted under the terms of
the note and mortgage.
After several unsuccessful attempts at
negotiation, the parties agreed to a settlement at a status
conference conducted by the court on June 10, 2004.
The terms
of their agreement were reflected in an order entered July 9,
2004.
The court’s order indicates that the parties
contemplated a dismissal of the pending action in exchange for
other mutual agreements between them, which included the bank’s
consent to contact credit-reporting agencies on Smith’s behalf
and Smith’s payment of $48,600.00 to the bank “within 90 days
from the date Smith’s credit report no longer reflects the
delinquency and foreclosure action.”
Order at 1.
As these
collateral agreements would require some time to complete, the
trial court intended to retain jurisdiction in order to
implement or to enforce the terms of the agreement by way of
subsequent orders.
In order for this Court to acquire jurisdiction, the
order from which an appeal is brought to us must be a final one.
Jacoby v. Carrollton Federal Savings & Loan Ass’n., 246 S.W.2d
1000 (Ky. 1952).
Since the trial court explicitly retained
jurisdiction in this matter, no final order adjudicating the
claims has been entered.
Therefore, this appeal must be
dismissed.
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IT IS HEREBY ORDERED that this appeal be, and the same
is hereby, dismissed.
ALL CONCUR.
ENTERED: _September 2, 2005
_____/s/ Sara Combs_____________
CHIEF JUDGE, COURT OF APPEALS
BRIEF FOR APPELLANT:
BRIEF FOR APPELLEE WASHINGTON
MUTUAL BANK:
Crystal Smith, pro se
Wellington, Kentucky
James D. Keffer
Cincinnati, Ohio
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