UNKNOWN PERSON ON BEHALF OF ENGLERT v. WHITTINGTON

No. 86-SC-367-DG.

737 S.W.2d 676 (1987)

UNKNOWN PERSON on Behalf of Jennifer Marie ENGLERT, an Infant, Movant, v. Kristen Clark WHITTINGTON, Joan Leslie Englert, and Commonwealth of Kentucky, Cabinet for Human Resources, Respondents.

Supreme Court of Kentucky.

Rehearing Denied November 5, 1987.


Attorney(s) appearing for the Case

Mitchell A. Charney, Ann Leslie Bailey, Goldberg & Simpson, Louisville, Ky., Robert L. Milby, Marcia M. Ridings, Hamm, Milby & Ridings, London, Ky., for movant.

James E. Morreau, Jr., Edward M. Post, Taustine, Post, Sotsky, Berman, Fineman & Kohn, Louisville, Ky., for respondents.


STEPHENSON, Justice.

Kristen Clark Whittington filed a CR 60.02 action to set aside a judgment terminating his parental rights. The trial court held an evidentiary hearing and denied the motion to set aside the judgment. The Court of Appeals reversed. We granted discretionary review and reverse the decision of the Court of Appeals.

Joan Englert, an unmarried, seventeen-year-old, gave birth on August 21, 1982, to a child. Five days after the birth, she signed...

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