Tom Padgett's Child Custody Case

Padgett Litigation Update 32

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.