[(Stamp) FILED
1998 June 8 A 10:32
HOPKINS COUNTY
CIRCUIT COURT
BY (signature), D.C.]
Commonwealth of Kentucky
Court of Appeals
NO. 97-CA-3328-MR
THOMAS C. PADGETT APPELLANT
v. APPEAL FROM HOPKINS CIRCUIT COURT
ACTION NO. 92-CI-444
LAURA V. PADGETT; ET AL. APPELLEES
* * * * *
ORDER DISMISSING APPEAL
BEFORE: COMBS, KNOX, AND SCHRODER, JUDGES.
By order entered April 13, 1998, the Court required
appellant to show cause why this appeal should not be dismissed
as premature. Appellant responded and, further, filed a motion
for order for appellees to show cause. Also pending before the
Court is appellant's motion for special appeal under CR 76.05.
It is ORDERED that the motions be DENIED.
Having considered appellant's response to show cause
order, the Court has determined that appellant has not shown good
cause. The Court is of the opinion that the orders of November
18, 1997, and December 19, 1997, which were designated in
[Page 2]
appellant's notice of appeal, are interlocutory. (1) The Court
concludes this appeal is premature. Therefore, it is ORDERED .
that appeal No. 97-CA-3328-MR be DISMISSED.
ENTERED:JUN 0 4 1998
(Signature)
JUDGE, COURT OF APPEALS
(1) The Court notes that, were it to construe the order of
November 18, 1997, as final, this appeal would not be premature
but untimely as the notice of appeal was filed on December 29,
1997.