Kentucky Court Case: Dotson v. Rowe

GLENN DOTSON; and MAXINE DOTSON, APPELLANTS v. RALPH ROWE; and TONYA MARIE DOTSON ROWE; DONALD THOMAS ROWE; ANGEL LEIGH ROWE; and CABINET FOR HUMAN RESOURCES, APPELLEES and TONYA MARIE DOTSON ROWE RICHARDS, APPELLANT v. RALPH ROWE; GLENN DOTSON; MAXINE DOTSON; DONALD THOMAS ROWE; ANGEL LEIGH ROWE; and CABINET FOR HUMAN RESOURCES, APPELLEES 

COURT OF APPEALS OF KENTUCKY 

957 S.W.2d 269

August 8, 1997, RENDERED 

As Corrected August 12, 1997. Petition for Rehearing Denied December 12, 1997. Released for Publication January 20, 1998. 

APPEAL FROM PIKE CIRCUIT COURT. HONORABLE EDDY COLEMAN, JUDGE. ACTION NO. 94-AD-00003. 

AFFIRMED IN PART; REVERSED IN PART and REMANDED. 

COUNSEL:
BRIEF FOR APPELLANTS GLENN DOTSON; MAXINE DOTSON and TONYA MARIE DOTSON ROWE RICHARDS: Herbert Deskins, Jr., Pikeville, Kentucky.

BRIEF FOR APPELLEE RALPH ROWE: Joseph W. Justice, Pikeville, Kentucky. 

JUDGES:
BEFORE: COMBS, EMBERTON and GARDNER, Judges. ALL CONCUR. 

OPINIONBY:
EMBERTON 

OPINION:

OPINION 
AFFIRMING IN PART;
REVERSING IN PART and REMANDING

EMBERTON, JUDGE. The appellants, Glenn and Maxine Dotson, are the grandparents of Donald Thomas Rowe and Angel Leigh Rowe. They appeal from an order overruling their motion to intervene and set aside a decree terminating the parental rights of their daughter, appellant, Tonya Marie Dotson Rowe Richards. Tonya appeals from an order overruling her motion to set aside or vacate the decree on the basis that she was not properly served with summons.
Tonya was married to appellee, Ralph Rowe, in 1989 and two children, Donald and Angel, were born of the marriage. The couple divorced in 1991 with custody awarded to Ralph, and in 1994, the grandparents were awarded visitation.

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