MONTGOMERY (JEFFERY DARNELL) VS. ALLEN (JESSE), ET AL.
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RENDERED: SEPTEMBER 26, 2008; 2:00 P.M.
NOT TO BE PUBLISHED
Commonwealth of Kentucky
Court of Appeals
NO. 2007-CA-002037-ME
JEFFERY DARNELL MONTGOMERY
v.
APPELLANT
APPEAL FROM JEFFERSON CIRCUIT COURT
FAMILY DIVISION
HONORABLE DONNA DELAHANTY, JUDGE
ACTION NO. 05-CI-503470
JESSE ALLEN; JANET ALLEN; NANCY
DAVIS; AND KATIE M. BROPHY
APPELLEES
OPINION
REMANDING
** ** ** ** **
BEFORE: CLAYTON, KELLER, AND MOORE, JUDGES.
MOORE, JUDGE: This is an appeal from an order of child support entered by the
Jefferson Family Court while an appeal from its determination as to custody was
pending in this Court. On April 11, 2008, this Court rendered an opinion in the
custody appeal which remanded the case to the Family Court for reconsideration of
its decision to award sole custody of the child to her maternal grandparents.
Because the trial court's pending decision as to custody necessarily implicates the
award of child support, we remand this appeal to the Family Court for
reconsideration of the support award at the same time as it resolves the issue of
custody in accord with our opinion in Appeal No. 2007-CA-000748-ME.
These appeals aptly demonstrate the procedural problems that result
when, absent exigent circumstances, family courts continue to exercise jurisdiction
while the case is on appeal. The better practice, should an issue requiring
immediate action arise while the case is pending on appeal, is to move this Court to
abate the appeal to allow the family court to resolve emergency issues. The
appellate court is thus notified that it might be prudent to stay consideration of the
appeal because the decision of circuit court may very well affect the outcome of
the appeal. This procedure best serves the interests of judicial economy and avoids
piecemeal litigation.
Accordingly, we remand the child support issues advanced in this
appeal for reconsideration by the Jefferson Family Court at the same time that it
reconsiders the custody award required by this Court's opinion in Appeal No.
2007-CA-000748-ME.
ALL CONCUR.
BRIEF FOR APPELLANT:
NO BRIEF FOR APPELLEE
2
Olu A. Stevens
Louisville, Kentucky
3
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