Fox Trot Properties, LLC v. Wright

Summary

The Supreme Court of Kentucky affirmed the denial of Fox Trot Properties, LLC's petition for a writ of prohibition. The court held that the Letcher Circuit Court had jurisdiction under CR 62.01 and KRS 454.080 to stay enforcement of its own judgment while considering DLX, Inc.'s motion for relief under CR 60. The court declined to address the merits or timeliness of the underlying motion because those issues had not yet been decided by the trial court.

Holdings

1. The court that rendered a judgment has jurisdiction under CR 62.01 to stay execution or other proceedings to enforce that judgment while a motion for relief under CR 60 is pending, even when enforcement concerns real property located in another county.
2. A writ of prohibition could not be used to decide the merits or timeliness of a CR 60 motion that the trial court had not yet resolved.

Questions Presented

1. Whether the Letcher Circuit Court had jurisdiction to temporarily stay enforcement of its own judgment while considering DLX's motion for relief under CR 60.
2. Whether Fox Trot was entitled to a writ of prohibition based on its challenges to the merits or timeliness of DLX's unresolved CR 60 motion.

Disposition

affirmed