26A.300 Collection of judgment -- Damages.
(1) When collection of a judgment for the payment of money has been stayed as
provided in the Rules of Civil Procedure, there shall be no damages assessed on the <br>first appeal as a matter of right contemplated by Section 115 of the Constitution of <br>Kentucky.
(2) When collection of a judgment for the payment of money has been stayed as
provided in the Rules of Civil Procedure pending any other appeal, damages of ten <br>percent (10%) on the amount stayed shall be imposed against the appellant in the <br>event the judgment is affirmed or the appeal is dismissed after having been <br>docketed in an appellate court.
(3) Similar damages of ten percent (10%) shall be imposed when a petition for writ of
certiorari, petition for rehearing, or other petition which stays collection of a <br>judgment for the payment of money is denied by an appellate court under <br>circumstances not constituting a first appeal under subsection (1) of this section.
(4) No additional penalty shall be imposed upon a party as a consequence of a review
subsequent to a petition or a second appeal.
(5) Damages imposed under subsection (2) or (3) of this section shall not be payable
and shall be void if the decision of the trial court awarding the payment of money is <br>ultimately reversed.
History: Created 1976 Ky. Acts ch. 59, sec. 1. <br>Formerly codified as KRS 26A.010.
26A.300 Collection of judgment -- Damages.
(1) When collection of a judgment for the payment of money has been stayed as
provided in the Rules of Civil Procedure, there shall be no damages assessed on the <br>first appeal as a matter of right contemplated by Section 115 of the Constitution of <br>Kentucky.
(2) When collection of a judgment for the payment of money has been stayed as
provided in the Rules of Civil Procedure pending any other appeal, damages of ten <br>percent (10%) on the amount stayed shall be imposed against the appellant in the <br>event the judgment is affirmed or the appeal is dismissed after having been <br>docketed in an appellate court.
(3) Similar damages of ten percent (10%) shall be imposed when a petition for writ of
certiorari, petition for rehearing, or other petition which stays collection of a <br>judgment for the payment of money is denied by an appellate court under <br>circumstances not constituting a first appeal under subsection (1) of this section.
(4) No additional penalty shall be imposed upon a party as a consequence of a review
subsequent to a petition or a second appeal.
(5) Damages imposed under subsection (2) or (3) of this section shall not be payable
and shall be void if the decision of the trial court awarding the payment of money is <br>ultimately reversed.
History: Created 1976 Ky. Acts ch. 59, sec. 1. <br>Formerly codified as KRS 26A.010.
26A.300 Collection of judgment -- Damages.
(1) When collection of a judgment for the payment of money has been stayed as
provided in the Rules of Civil Procedure, there shall be no damages assessed on the <br>first appeal as a matter of right contemplated by Section 115 of the Constitution of <br>Kentucky.
(2) When collection of a judgment for the payment of money has been stayed as
provided in the Rules of Civil Procedure pending any other appeal, damages of ten <br>percent (10%) on the amount stayed shall be imposed against the appellant in the <br>event the judgment is affirmed or the appeal is dismissed after having been <br>docketed in an appellate court.
(3) Similar damages of ten percent (10%) shall be imposed when a petition for writ of
certiorari, petition for rehearing, or other petition which stays collection of a <br>judgment for the payment of money is denied by an appellate court under <br>circumstances not constituting a first appeal under subsection (1) of this section.
(4) No additional penalty shall be imposed upon a party as a consequence of a review
subsequent to a petition or a second appeal.
(5) Damages imposed under subsection (2) or (3) of this section shall not be payable
and shall be void if the decision of the trial court awarding the payment of money is <br>ultimately reversed.
History: Created 1976 Ky. Acts ch. 59, sec. 1. <br>Formerly codified as KRS 26A.010.
