ERDMAN v. CLEMENTS

No. 88-CA-1839-S.

780 S.W.2d 635 (1989)

Donna M. ERDMAN, Appellant, v. Charles E. CLEMENTS, Appellee.

Court of Appeals of Kentucky.

November 17, 1989.


Attorney(s) appearing for the Case

Phillip G. Deeb, Louisville, for appellant.

Bonnie M. Brown, Louisville, for appellee.

Before HOWERTON, C.J., and EMBERTON and HOWARD, JJ.


EMBERTON, Judge:

This is an appeal from an order of the trial court denying a motion for a change in custody. On appeal, the single issue is whether the trial court erred, as a matter of law, in failing to grant a hearing. Reviewing the record below and applicable law, we reverse the trial court's ruling and remand for an evidentiary hearing.

On August 26, 1983, the parties executed a property settlement and custody agreement providing, inter alia,...

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