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GULLION v. GULLION

No. 2004-SC-000494-DG.

163 S.W.3d 888 (2005)

Stephanie GULLION, Appellant, v. Matthew GULLION, Appellee.

Supreme Court of Kentucky.

May 19, 2005.

Attorney(s) appearing for the Case

Linda W. Covington, Gess Mattingly & Atchison, P.S.C., Lexington, Counsel for Appellant.

Thomas P. Jones, Beattyville, Counsel for Appellee.

LAMBERT, Chief Justice.

This Court granted discretionary review upon motion of Appellant, Stephanie Gullion, to decide whether there is a basis in case law or the Kentucky Rules of Civil Procedure to require affidavits to accompany a CR 59.05 motion to alter, amend or vacate a custody judgment. Affidavits are clearly required for KRS 403.340 motions when a party seeks to modify a custody order. However, in this case, modification of the custody order pursuant to KRS...

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