Tom Padgett's Child Custody Case
Padgett Litigation Update 32
From: email@example.com (The Truth)
Subject: Padgett Litigation UPDATE 32
Date: Fri, 19 Jan 2001 08:04:34 -0500 (EST)
JUDGE BOTELER ERRS (again)!!!!!!! The final disposition in the Appeal Case No. 99-CA-001461 was handed down on January 10, 2001. The issues on appeal were the exact amounts of child support arrearage alleged to be owed, and the awarding of attorney fees and costs. In an order dismissing the appeal, Kentucky Court of Appeals Judges Gudgel, Emberton, and Guidugli ruled that the trial court (Judge Charles Boteler,) failed to include finality language in the civil court Order of January 19, 1999, therefore being "interlocutory" and not an appealable ruling. The Court of Appeals noted that an evidentiary hearing required for discovery and disclosure, NEVER took place. The higher court noted; "(2) Pursuant to CR 54.02 in order to make final a decision which does not entirely dispose of all claims in an action, the decision must not only state "the judgement is final" BUT ALSO that "there is no just reason for delay." This latter portion of the language was not included in the decision entered January 19, 1999." The Court of Appeals did observe and note the confusion of whether or not the Appellant was proceeding prose, or was represented in this action by the Law Firm of Mobley & Lloyd since they motioned the court to withdraw because of their client's (Tom Padgett) pauper status, which ultimately caused the delay of the actual brief filing beyond the deadline for KY Rules of Procedure. Even if the brief had been filed in a timely basis, this case would have been dismissed because of the interlocutory nature of the trial court ruling on appeal. While this may seem like a victory for Tom Padgett, ultimately it is not because all issues are remanded back to the same lower court for more litigation before the same judge who has tolerated Laura Padgett's litigious conduct for the past eight (8) years. This does though shed a different light on the criminal action that was railroad through to a conviction without a jury trial, based solely on the evidence (lack of) from the findings in the civil action, which now the Court of Appeals has ruled was insufficient. Interesting! The real losers in this case are the children. The real winners, are the lawyers' bank accounts - scientology S.O.P. and standard application of Hubbard tech! End. * * * * * * * * * * * * * * * * * Alliance for Better Understanding of Scientology Ethics (A.B.U.S.E.) link to: www.taxexemptchildabuse.net www.lisatrust.net www.lermanet.com The late Dr. Joly West, MD, and cult mind control expert, proclaimed "children are at the greatest risk from Scientology!" ------------------------------------------------- "Thank you for your very detailed letter regarding scientology. We haven't yet found a way to attack these jackals who feed on children and young adults who are too emotionally weak to stand by themselves when they reach the age of consent." -------------- U.S. Congressman Leo J. Ryan, shortly before being gunned downed by another [totalitarian] cult in Jonestown, South America.
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