PHYLLIS CAMPBELL v. WALLACE CAMPBELL, JR.
Phyllis Campbell brings this pro se appeal from a June 9, 2009, judgment of the Boyd Circuit Court after a bench trial in which the court concluded that an easement by necessity existed over Campbell's property. We affirm.
Double was “not fair and impartial.” Also, in appellant's prehearing statement, she listed the issues on appeal to be:
CR 59.01(G) and (A). Transcription to be entered upon completion as evidence. A new trial granted on basis of testimony of Judge Hagerman indicating improper influence and also abuse of discretion. This information to be transcribed by court report[er] do not know.
As previously set forth, appellant did not appeal the August 7, 2009, order wherein the trial judge refused to recuse. In fact, this Court harbors grave doubt as to whether appellant's CR 59 motion for new trial was proper as an appeal was already pending and as the motion was filed more than ten days after entry of judgment. CR 59.04; Prichard v. Bank Josephine, 723 S.W.2d 883 (Ky.App.1987). In any event, appellant has failed to demonstrate that the trial court committed reversible error as to any issue in either the June 9, 2009, judgment or the August 7, 2009, order. See Stuckert v. Keller, 430 S.W.2d 773 (Ky.1968).
For the foregoing reasons, the judgment of the Boyd Circuit Court is affirmed.
TAYLOR, CHIEF JUDGE: