An appeal filed after the dismissal of a lawsuit opposing March’s local option election missed the filing deadline and other requirements with the Court of Appeals, according to a notice filed with the courts Thursday.
A document signed by Chief Justice Joy A. Kramer states that the appellants must show cause why the Notice of Appeal was not filed within 10 days after the lawsuit was dismissed and why a supersedeas bond was not filed within the same time frame.
In addition, the document gives attorney David Nunery, who represents four Adair Countians in the lawsuit, 10 days to show why the appeal should not be dismissed because of the failure to comply with state law.
Nunery has 10 days to respond.
Circuit Judge Judy Vance granted a summary judgment in the case on July 14. The Notice of Appeal was filed Aug. 11, which was 28 days after the judgment was entered.
According to the show cause order, KRS 120.075(2) provides strict requirements that must be accomplished within 10 days after the entry of a judgment in order to file an appeal.