POLLEY v. ALLEN

Nos. 2002-CA-001318-MR, 2002-CA-001348-MR.

132 S.W.3d 223 (2004)

James Elster POLLEY, Appellant/Cross-Appellee, v. Leean Louella ALLEN, Appellee/Cross-Appellant.

Court of Appeals of Kentucky.

April 2, 2004.


Attorney(s) appearing for the Case

Agnes Sipple Trujillo, Pikeville, KY, for appellant/cross-appellee.

Kathryn Burke, Pikeville, KY, for appellee/cross-appellant.

Before COMBS, DYCHE, and KNOPF, Judges.


OPINION

KNOPF, Judge.

James Elster Polley and Leean Louella Allen respectively appeal and cross-appeal from findings of fact, conclusions of law and a judgment resolving issues of child support and custody, and division of marital property and debt in their dissolution action. We agree with James that the trial court improperly took judicial notice of occupational statistics concerning his earning capacity. Therefore, we reverse the trial court's...

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