Ky. Rev. Stat. ch. 383 § 383.260
Recovery of damages and expenses
Operative Text
383.260 Recovery of damages and expenses. Upon this deposit, if the appellant fails to prosecute his appeal, he and his surety shall be liable for the damages for withholding the possession which the appellee may be entitled to recover against the appellant, during the pendency of the appeal, either in the Circuit Court or Court of Appeals, as well as the reasonable expenses of the appellee in defending the appeal.
Kentucky Revised Statute § 383.260 addresses what happens when a party appeals a possession ruling but then fails to follow through with that appeal. Under this provision, both the appellant and their surety become financially responsible for any damages caused by the continued withholding of possession during the time the appeal was pending, as well as the reasonable expenses the other party incurred in defending against the appeal. The rule applies whether the matter was before the Circuit Court or the Court of Appeals.
Plain English — not legal advice.
For property owners or managers involved in a possession dispute under Ky. Rev. Stat. § 383.260, a compliant approach generally involves understanding that if an appeal is initiated and then abandoned, the appellant and their surety bear financial exposure for damages and reasonable defense costs accrued during the appeal period. Operators who pursue appeals typically ensure they have the means and intent to see the process through, since an unfinished appeal can result in liability for the opposing party's losses and expenses. Maintaining clear records of possession timelines and associated costs is a common practice in these proceedings.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Ky. Rev. Stat. § 383.260 provides a basis for tenants or other appellees to seek recovery of damages and reasonable expenses if the opposing party files an appeal of a possession ruling but then fails to prosecute it. This means that the time during which possession was withheld due to a stalled or abandoned appeal may give rise to a financial claim against the appellant and their surety. Tenants who believe they are owed damages under this provision may consider consulting a tenant-rights organization or legal aid service to understand the general enforcement paths available, such as raising the issue in the Circuit Court or Court of Appeals where the original matter was pending.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 19, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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