S-24-0068 In re Estate of Weeder. Richard Muller (Appellee) v. Margene Cork, Personal Representative of the Estate of John Weeder, deceased (Appellant)
Appeal from the County Court for Boyd County, Judge Kale B. Burdick
Attorneys: Ryan D. Cwach (Birmingham & Cwach Law Offices, PLLC for Appellee) and Lyle Joseph Koenig (Koenig Law Firm for Appellant)
Probate: Allowance of claim
Proceedings below: Appellee filed a claim against Weeder’s estate in the amount of $7,150.03 based on a district court judgment, and the county court granted Appellee’s claim. On its own motion, the Supreme Court ordered this case to be transferred from the docket of the Court of Appeals to its docket.
Issues: Appellant makes the following assignments of error: 1) The county court erred as a matter of law in determining that it had jurisdiction to address the merits of this case, contrary to the Supreme Court’s determination that no court has had jurisdiction to address the merits of this fence action since Weeder’s death in 2017; and 2) The county court erred as a matter of law in determining that the law-of-the-case was the last final order entered by the district court in favor of Muller prior to Weeder’s death, and that revivor was not necessary.