[(stamp) 1998 AUG 28 A 11:45
HOPKINS COUNTY
CIRCUIT COURT
BY (SIGNATURE), DC]
Supreme Court of Kentucky
98-SC-60-D
(95-CA-2117)
BY
THOMAS CARTER PADGETT MOVANT
V. HOPKINS CIRCUIT COURT
NO. 92-CI-444
LAURA VANNOY PADGETT,
MICHAEL HALLYBURTON,
and DONNA NICHOLS RESPONDENT
ORDER
The following rulings are made, on the various
motions pending before this Court in the above-styled action.
The "Motion for Dismissal with Prejudice and
Movant's Notice of Intent" is denied as moot. The Court of
Appeals opinion dealt with three separate appellate cases.
The motion for discretionary review specifically dealt with
only one of those actions. The "Motion for Dismissal with
Prejudice" requests this Court to dismiss the proceedings
concerning the other two appellate actions. However, those
two actions were never properly brought before this Court, by
means of a motion for discretionary review. As a result, the
jurisdiction of this Court was never invoked, concerning those
two actions. Thus, there is no need for this Court to dismiss
those two actions, as they were never put before the Court.
[Page 2]
The "Supplement to Discretionary Review Correction
and Motion to Show Cause" is denied. The "Supplement to
Discretionary Review Correction" seeks to place before this
Court a draft of an order which is not found within the trial
court record. This Court is a court of record. As such, it
wold be inappropriate to incorporate such a draft order into
the record.
The "Motion to Show Cause" is also denied.
The "Motion for Oral Argument" is denied, in that
this case is now before this Court on a motion for
discretionary review. Oral arguments are not heard, at this
stage of the proceedings.
The "Notice in Change of Filing" is denied as moot.
It requests this Court to alter the movant's "Motion for
Dismissal with Prejudice" (discussed above) to being a "Motion
for Dismissal Without Prejudice." As mentioned above, the two
Court of Appeals actions (to which this last motion relates)
were never properly put before this Court, by means of a
motion for discretionary review. Thus, a motion to dismiss
them is neither necessary nor proper.
The motion for discretionary review is denied.
ENTERED August 26, 1998.
(Signature Robert F. Stephens)
Chief Justice