Frankfort, City Of, v. Yount
| Decision Date | 04 December 1953 |
| Citation | 262 S.W.2d 665 |
| Parties | CITY OF FRANKFORT et al. v. YOUNT. |
| Court | United States State Supreme Court — District of Kentucky |
Frank M. Dailey, Frankfort, for appellants.
William A. Young, Frankfort, for appellee.
WADDILL, Commissioner.
The City of Frankfort, and E. C. Walker, its tax assessor, appeal from a judgment of the Franklin Circuit Court dismissing an appeal to that court from the Franklin Quarterly Court.
On August 4, 1953, the Franklin Quarterly Court rendered a judgment reducing the city's ad valorem tax assessment on appellee's dwelling from $7,900 to $6,500. This judgment was transcribed on the order book of the quarterly court on August 5th, but it was not signed by the judge until August 13th. An appeal from that judgment was filed in the Franklin Circuit Court on September 8, 1953.
Rule 72.02 of the Rules of Civil Procedure allows 30 days from the date a judgment is rendered within which a party may appeal from a judgment of a quarterly court. We must decide from what date the 30 days begins to run.
Under our practice prior to the adoption of the Rules of Civil Procedure it seems clear that the time during which an appeal could be taken was computed from the time the judge signed the judgment after it had been spread on the order book.
In Harlan County ex rel. Middleton v. Brock, 263 Ky. 530, 92 S.W.2d 757, 758, we said:
'* * * a judgment becomes effective for the purpose of an appeal on the day it is signed, and the time * * * is computed from that day and not from the day the judgment was rendered. * * *'
'It is signed' in the above quotation means signed on the order book, and does not apply to signing original copies submitted to the judge. In Muncy v. Gibson, 169 Ky. 153, 183 S.W. 464, this Court held there is no judgment to appeal from where the judgment of the lower court is signed by the judge but not entered on the order book.
As this Court said in Ewell v. Jackson, 129 Ky. 214, 110 S.W. 860, 861:
'* * * A paper signed by a judge, although it contain the entire judgment, and be delivered to the clerk of the court to enter upon the order book, is not a judgment in fact until it has been entered upon the order book of the court and signed by a judge. * * *'
Rule 58, Rules of Civil Procedure, eliminates the requirement that a judgment be signed on the order book by a judge before it becomes effective insofar as the civil judgments of circuit courts are concerned. Civil Rule 58 reads:
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...374 S.W.2d 497, in which this principle was recognized in the following language: 'It seems clear from the decisions in City of Frankfort v. Yount, Ky., 262 S.W.2d 665, and Commonwealth, Dept. of Highways v. Clarke, Ky., 340 S.W.2d 442, that the judicial act which makes a judgment effective......
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...374 S.W.2d 497, in which this principle was recognized in the following language: 'It seems clear from the decisions in City of Frankfort v. Yount, Ky., 262 S.W.2d 665, and Commonwealth, Dept. of Highways v. Clarke, Ky., 340 S.W.2d 442, that the judicial act which makes a judgment effective......
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Com., Dept. of Highways v. Clarke
...the recorded judgment is signed by the judge. (Here the cross-appeal was filed within 30 days from the latter date.) In City of Frankfort v. Yount, Ky., 262 S.W.2d 665, it was held that under CR 72.02, which provides generally for appeals from inferior courts to the circuit court and requir......
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Com., Dept. of Highways v. Daly
...simply a clerical mistake which falls within the corrective provisions of CR 60.01. It seems clear from the decisions in City of Frankfort v. Yount, Ky., 262 S.W.2d 665, and Commonwealth v. Clarke, Ky., 340 S.W.2d 442, that the judicial act which makes a judgment effective is the signing of......