120.075 Appeal to Court of Appeals from judgment in primary contest.
217 words·~1 min read·
/ky/chapter-120/120-075A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Any party may appeal to the Court of Appeals from a judgment entered under KRS
120.065. The appeal shall be in accordance with the Rules of Civil Procedure,
except that the notice of appeal shall be filed and a supersedeas bond executed in
the Circuit Court, and the record shall be filed in the Court of Appeals, within ten
(10)days after the entry of the judgment, or within such other time as the Court of
Appeals may, for cause shown, permit. The entire original record shall be filed and
no designation of record shall be required.
(2)Upon the filing of the record, the clerk of the Court of Appeals shall immediately
deliver it to the chief judge.
(3)The Court of Appeals in its discretion may issue its mandate forthwith after
rendering its decision, but it shall be without prejudice to the right of the losing
party to file a petition for rehearing or the power of the court to recall the mandate
should the petition be sustained.
(4)If the judgment is reversed and the case remanded for trial or further action, the
proceedings shall continue in the Circuit Court in like manner as when originally
filed, beginning ten
(10)days after the filing of the mandate with notice to the
adverse party.