MATTHEWS v. VIKING ENERGY HOLDINGS, LLC

Nos. 2010-CA-000048-MR, 2010-CA-000070-MR.

341 S.W.3d 594 (2011)

Kenneth R. MATTHEWS and Linda F. Matthews, Appellants/Cross-Appellees, v. VIKING ENERGY HOLDINGS, LLC, Appellee/Cross-Appellant.

Court of Appeals of Kentucky.

April 8, 2011.


Attorney(s) appearing for the Case

Steven O. Thornton , Bowling Green, KY, for appellant/cross-appellee.

Daniel N. Thomas , Hopkinsville, KY, for appellee/cross-appellant.

Before ACREE, CAPERTON and CLAYTON, Judges.


OPINION AND ORDER

ACREE, Judge:

Viking Energy Holdings, LLC has filed a motion to dismiss the appeal of Kenneth R. and Linda F. Matthews, asserting they filed their notice of appeal more than thirty days after entry of the judgment and that their pro forma post-judgment motion failed to toll the running of time in which to do so. For the following reasons, we grant Viking's motion and dismiss.

On November 2, 2009, the Warren Circuit...

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