HOWARD v. MILLER


685 S.W.2d 548 (1985)

Ramon L. HOWARD, Appellant, v. Paulie MILLER, in his official capacity as Chief Clerk of Jefferson Circuit Court; Don Cetrulo, in his official capacity as Director of the Administrative Office of the Courts, et al., Appellees.

Supreme Court of Kentucky.

February 28, 1985.


Attorney(s) appearing for the Case

Ellen G. Friedman, Everett C. Hoffman, Legal Aid Society, Inc., Louisville, for appellant.

Jean Collier, Administrative Office of the Courts, Martin Glazer, William L. Davis, Asst. Attys. Gen., Frankfort, Michael Greene, Louisville, for appellees.


GANT, Justice.

The United States District Court for the Western District of Kentucky, Hon. Charles M. Allen, Chief Judge, has certified the following question of law to this court, pursuant to CR 76.37(1):

When a judgment debtor wishes to assert an exemption to execution and levy, may he file a motion under CR 60.02, or must he file a completely separate and distinct new action, or is there any other legal process...

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