McCreary County Bd. of Ed. v. Stephens
| Citation | 454 S.W.2d 687 |
| Parties | McCREARY COUNTY BOARD OF EDUCATION et al., etc., Movants, v. Lowell M. STEPHENS, Respondent. |
| Decision Date | 01 November 1968 |
| Court | United States State Supreme Court — District of Kentucky |
William L. Rose, Williamsburg, G. W. Hatfield, Jr., Whitley City, for appellants.
J. B. Johnson, Jr., Williamsburg, for appellee.
Lowell M. Stephens had been a teacher in the public school system of McCreary County, had a continuing service contract and had been principal for several years. In the school year 1965--1966 he was employed and his salary was fixed at $6,604.00 for that year. On May 13, 1966, the Board of Education notified Stephens that his employment as principal would terminate at the end of the school term and that when classes resumed he would be reassigned as a teacher. The notice made no mention of a change in salary. He claims that the Superintendent of Schools, William O. Gilreath, one of the movants, told him that his salary would not be changed but the Superintendent denied making such statement.
Stephens began his new teaching assignment on August 26, 1966. On September 27, 1966, he was notified by letter that his salary had been reduced from $6,604.00 for the school year to $5,600.00. He taught throughout the year and received the reduced salary, but on July 7, 1967, he brought suit against the McCreary County Board of Education, the individual members thereof and the County Superintendent of Schools demanding judgment for $1,004.00 against all the defendants. The amount of the claim was the difference between the salary he had received as principal and that which he had been paid as a teacher. Issues were drawn and testimony heard. The trial court made findings of fact and conclusions of law, CR 52.01, in which it said: 'that the plaintiff is entitled to recover of the defendant the sum of $1,004.00 with interest and cost.' However, judgment was entered on the 8th day of July, 1968, jointly and severally against all defendants except the McCreary County Board of Education. There has been no adjudication with respect to the claim asserted against the Board.
On August 5, 1968, the Board members together with the McCreary County Board of Education filed in the circuit court a notice of appeal (CR 73.03) and executed a supersedeas bond. CR 73.04. That day they gave notice of supersedeas to Stephens and simultaneously filed designation of record on appeal pursuant to CR 75.01. They served that designation by depositing it in the mail on the 5th day of August, 1968.
On August 30, 1968, the same group filed in this court a motion for an appeal from the judgment entered in the circuit court and attached to that motion a certified copy of the judgment and the transcript of the entire record. CR 73.02(3), RCA 1.180. Stephens did not move for an appeal even though the...
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Wright v. Ecolab, Inc., 2013–SC–000653–DG
...if the order appealed from lacks finality.454 S.W.2d 705, 706 (Ky.1970) (citations omitted.) See also McCreary County Bd. of Ed. v. Stephens, 454 S.W.2d 687, 688 (Ky.1968) ( “Since the judgment did not adjudicate the claim between Stephens and the McCreary County Board of Education and was ......
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Harden v. Commonwealth, No. 2006-CA-001269-MR (Ky. App. 5/11/2007), 2006-CA-001269-MR.
...judgment did not adjudicate all claims, it did not meet test for final judgment and was not appealable); McCreary County Bd. Of Educ. v. Stephens, 454 S.W.2d 687 (Ky. 1968) (where judgment did not adjudicate claim between plaintiff and one of multiple defendants and was not made final under......
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Lampkins v. Lampkins, 2016-CA-001582-ME
...An order that does not adjudicate all of the rights of all the parties is an interlocutory order. See McCreary County Bd. of Ed. v. Stephens, 454 S.W.2d 687, 688 (Ky. 1968). Appeals from interlocutory orders "will be dismissed, even though the appellee does not move to dismiss[,]" because a......