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CourtListener opinion 10834674
Date unknown · US
- Extracted case name
- MR MI HUI CHON SALYER APPELLANT APPEAL FROM BOYD CIRCUIT COURT v. HONORABLE GEORGE DAVIS
- Extracted reporter citation
- 495 S.W.2d 175
- Docket / number
- 2024-CA-0623-MR MI HUI CHON SALYER APPELLANT
Machine-draft headnote
Machine-draft public headnote: CourtListener opinion 10834674 is included in the LexyCorpus QDRO sample set as a public CourtListener opinion with relevance to QDRO procedure / domestic relations order issues. The current annotation is conservative: it identifies source provenance, relevance signals, and evidence quotes for attorney/agent retrieval. It is not a Willie-approved legal headnote yet.
Retrieval annotation
Draft retrieval summary: this opinion has QDRO relevance score 5/5, retirement-division score 5/5, and family-law score 5/5. Use the quoted text and full opinion below before relying on the case.
Category: QDRO procedure / domestic relations order issues
Evidence quotes
QDRO“atterfield v. Satterfield, 608 S.W.3d 171, 175 (Ky. App. 2020) (finding the wife's claim 20 years after final dissolution was not unreasonably delayed, because she "had no reason to inquire into" her ex-husband's failure to execute his duty, pursuant to a qualified domestic relations order, "until such time as" that duty could be executed); see also Snodgrass v. Snodgrass, 297 S.W.3d 878 (Ky. App. 2009) (after interpretation issues pertaining to the court's division of retirement benefits came into question, this Court permitted the husband to challenge the language of -11- the decree approximately six years after it reached finality be”
retirement benefits“sked for that payment to be reinstated. She argued that in 2008 he admitted she was entitled to one-half of that benefit, and he should be held to that original acknowledgement. Conversely, Clinton argued that any remaining interest she had in his military retirement benefits was offset by the marital assets she improperly dissipated after the dissolution. He requested the court deny Mi Hui's request, or in the alternative, proceed with a full distribution of marital assets, including an accounting of funds Mi Hui dissipated after the dissolution, and an award for child support.2 2 Clinton and Mi Hui had two children duri”
domestic relations order“v. Satterfield, 608 S.W.3d 171, 175 (Ky. App. 2020) (finding the wife's claim 20 years after final dissolution was not unreasonably delayed, because she "had no reason to inquire into" her ex-husband's failure to execute his duty, pursuant to a qualified domestic relations order, "until such time as" that duty could be executed); see also Snodgrass v. Snodgrass, 297 S.W.3d 878 (Ky. App. 2009) (after interpretation issues pertaining to the court's division of retirement benefits came into question, this Court permitted the husband to challenge the language of -11- the decree approximately six years after it reached finality be”
Source and provenance
- Source type
- courtlistener_qdro_opinion_full_text
- Permissions posture
- public
- Generated status
- machine draft public v0
- Review status
- gold label pending
- Jurisdiction metadata
- US
- Deterministic extraction
- reporter: 495 S.W.2d 175 · docket: 2024-CA-0623-MR MI HUI CHON SALYER APPELLANT
- Generated at
- May 14, 2026
Related public corpus pages
Deterministic links based on shared title/citation terms and QDRO / retirement / family-law retrieval scores.
Clean opinion text
RENDERED: MARCH 28, 2025; 10:00 A.M.
NOT TO BE PUBLISHED
Commonwealth of Kentucky
Court of Appeals
NO. 2024-CA-0623-MR
MI HUI CHON SALYER APPELLANT
APPEAL FROM BOYD CIRCUIT COURT
v. HONORABLE GEORGE DAVIS, JUDGE
ACTION NO. 08-CI-01331
CLINTON SALYER APPELLEE
OPINION AND ORDER
AFFIRMING
** ** ** ** **
BEFORE: CALDWELL, CETRULO, AND A. JONES, JUDGES.
CETRULO, JUDGE: Appellant Mi Hui Chon Salyer ("Mi Hui") appeals two
Boyd Circuit Court orders which found (a) her request for a final disposition of
marital property was untimely due to her 13-year delay, and (b) the additional
funds she requested were offset by her dissipation of assets. After review, we
affirm.
BACKGROUND
Mi Hui and Clinton Salyer ("Clinton") were married in October 1991,
and in October 2008, Mi Hui petitioned for dissolution of the marriage. The circuit
court referred the matter to the Domestic Relations Commissioner ("DRC") for an
evidentiary hearing. In November 2008, the DRC entered her report and
recommendations.
The DRC reported that at that time, Clinton was in the process of
retiring from the U.S. Army and working full-time with the Cintas Corporation.
Mi Hui was on unpaid leave as a government employee (having been previously
employed by the U.S. government at a P/X facility on a military installation in
Germany where the couple met). In part, the DRC reported that Clinton
"acknowledges that [Mi Hui] is entitled to one-half of his net retirement
benefits . . . upon dissolution of [the] marriage." Relevantly, the DRC
recommended the court (1) enter an interlocutory decree of dissolution so Clinton
could proceed with a home purchase; (2) restrain the parties from dissipating assets
during the pendency of the action; and (3) reassign the matter for a final hearing
"upon application of either party" after Mi Hui had an opportunity to make living
arrangements outside Kentucky. (The DRC reported that at that time, Mi Hui
intended to relocate to Georgia where she had more personal contacts and
professional opportunities.)
-2-
In December 2008, pursuant to Putnam v. Fanning, 495 S.W.2d 175
(Ky. 1973), the Boyd Circuit Court entered a decree dissolving the marriage but
reserving all other issues for future determination. Specifically, the court stated:
All remaining issues including just division of marital
property and debts, restoration of non-marital property,
maintenance both temporary and permanent, child
support, custody, costs and attorney's fees; and any and all
other relief to which they may appear entitled and other
matters shall be resolved subsequent to the entry of this
decree.
In January 2009, the court referred the reserved issues to the DRC.
However, after the first DRC hearing was cancelled, the parties did not reschedule.
Beyond both of the parties' attorneys withdrawing in August 2009, nothing
occurred in the action for more than 13 years.
In February 2023, Mi Hui moved the circuit court – pursuant to
Kentucky Rule of Civil Procedure ("CR") 60.02 – to restore the dissolution action
to its active docket and requested final disposition of the marital property.1 Mi Hui
specifically requested that she be awarded one-half of Clinton's military retirement
benefits. Mi Hui had received benefits from late 2008 until September 2022 when
Clinton made an election that stopped the payments. Mi Hui asserted that she had
moved to her native South Korea; English was not her first language; and implied
1
There is no indication in the record that this action was removed from the court's active docket
and/or dismissed without prejudice pursuant to Kentucky's "housekeeping rule," CR 77.02.
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the delay in requesting final disposition was a "technicality" due to the language
barrier. She also argued that the receipt of the benefits for so many years led her to
believe that the matter had been finalized. For his response, Clinton asserted that
Mi Hui had taken marital funds of roughly $120,000 from marital bank accounts
and argued that this dissipation of funds in violation of the prior order should offset
any amount that she should have received from his retirement. In March 2023, the
court granted Mi Hui's motion and referred the matter to the DRC for a final
hearing.
In December 2023, the DRC held a hearing. Mi Hui argued that
Clinton recently and improperly stopped payments of her one-half interest in his
military retirement and asked for that payment to be reinstated. She argued that in
2008 he admitted she was entitled to one-half of that benefit, and he should be held
to that original acknowledgement. Conversely, Clinton argued that any remaining
interest she had in his military retirement benefits was offset by the marital assets
she improperly dissipated after the dissolution. He requested the court deny Mi
Hui's request, or in the alternative, proceed with a full distribution of marital
assets, including an accounting of funds Mi Hui dissipated after the dissolution,
and an award for child support.2
2
Clinton and Mi Hui had two children during the marriage and both minor children remained
with Clinton after the dissolution. Mi Hui did not pay Clinton any child support.
-4-
In April 2024, the DRC entered a report and recommendations. In
that report, the DRC stated that Clinton had introduced a savings account statement
from 2008 in Mi Hui's name only, which showed a balance in excess of $84,000.
The report indicated that Mi Hui testified she had sent $60,000 to her mother in
Korea. Per the report, Clinton testified that Mi Hui had also taken a $40,000 redux
payment from the Army. The redux payment was a lump sum early withdrawal of
retirement benefits which then reduced Clinton's retirement benefits from 50% to
40%. Mi Hui denied taking the redux payment. The DRC report otherwise
contained little findings, stating only that the parties "waited too long to raise the
issues" and that the funds each requested offset each other. As such, the DRC
recommended the court deny the parties' requests. Mi Hui filed exceptions.
In May 2024, the circuit court entered an order confirming the DRC's
report and adopting the DRC's recommendations. In an order overruling Mi Hui's
exceptions (collectively, "May 2024 Orders"), the Boyd Circuit Court stated,
"The exceptions are overruled as the Findings and Recommendations of the [DRC]
are supported by testimony presented at hearing and are consistent with applicable
law." Mi Hui appealed.
-5-
ANALYSIS
On appeal, Mi Hui argues the circuit court erred by failing to divide
the marital assets pursuant to Kentucky Revised Statute ("KRS") 403.1903 and to
abide by res judicata or the law of the case. To the contrary, Clinton argues the
doctrine of laches bars Mi Hui's arguments. Before a substantive discussion, we
note two concerns.
First, we are concerned by the profound inadequacy of both briefs on
appeal. Mi Hui's legal counsel cited to only one case, a property case, and failed
to sufficiently support any legal arguments. Clinton's legal counsel appeared to
cite two non-existent cases.4 We remind both counsel that "citations of authority
pertinent to each issue of law" are requirements, not mere suggestions. See
Kentucky Rule of Appellate Procedure ("RAP") 32(A)(4). Then we turn to the
record on appeal which is devoid of any of the hearings conducted by the DRC or
before the trial court upon the exceptions. Neither party referred to any specific
3
The provisions of KRS 403.190 direct a circuit court to consider all relevant factors in deciding
how to divide property equitably between the parties.
4
This Court issued a show cause order suspecting that artificial intelligence was used to obtain
case citations that do not exist. A response to that order did not fully alleviate our serious
concerns. Furthermore, we have previously warned this counsel that failure to follow briefing
requirements could result in sanctions in future appeals. See George v. George, No. 2020-CA-
1057-MR, 2021 WL 4343434 n.5 (Ky. App. Sep. 24, 2021). As we stated in 2020, we have
"grown weary" of the increasing number of attorneys failing to follow the rules of appellate
procedure. Clark v. Workman, 604 S.W.3d 616 (Ky. App. 2020). Nonetheless, we have elected
to proceed with this decision without further delay in light of the many failures and delay already
evident in this case. The appellee's motion to amend the brief, to which appellant objected, is
denied by this Order.
-6-
portion of the hearing or evidence in their briefs. Thus, the record does not
indicate whether the hearing before the DRC was even recorded, other than the
trial court's order which states that the findings were supported by the testimony.
It is the responsibility of the appellant to designate any hearings to be included as
part of the record on appeal. Miller v. Armstrong, 622 S.W.3d 661, 662 (Ky. App.
2021) (citation omitted). That was not done in this case and further limits our
review.
Second, this case exemplifies why marriage dissolutions pursuant to
Putnam v. Fanning, 495 S.W.2d 175 (Ky. 1973), are not the better practice. See
Herndon v. Herndon, 139 S.W.3d 822, 824 n.4 (Ky. 2004) ("This case well
illustrates the problems that occur when trial courts bifurcate dissolution of
marriage from the other issues in the case. Unless a compelling need for
dissolution of the marriage is shown, better practice would be to resolve all issues
in a single judgment."); see also Vernatter v. Vernatter, No. 2018-CA-001401-ME,
2019 WL 2157550 (Ky. App. May 17, 2019).5 Despite these procedural concerns,
we shall proceed to the merits of the matter to the extent we are able.6
5
As this is unpublished, it is not binding but merely persuasive and insightful. See RAP 41.
6
Despite the lack of a record of the hearing that led to the findings of the DRC, we can review
the arguments for palpable error that results in manifest injustice. Hallis v. Hallis, 328 S.W.3d
694, 696 (Ky. App. 2010).
-7-
Mi Hui asserts that the DRC's findings and the principles of res
judicata prevent relitigation of Clinton's retirement benefits, but she misconstrues
both the facts and applicable law.
In 2008, the DRC stated that Clinton acknowledged Mi Hui was
entitled to one-half of his retirement benefits upon dissolution. Clinton
acknowledged that admission in his response to the motion in 2023, but argued that
that benefit was contingent upon a fair division of all marital assets. Implicit in the
DRC's statement is that Mi Hui could be awarded one-half of Clinton's retirement
benefit upon a full disposition of property, a disposition that did not occur. As the
parties did not attend a final hearing for the disposition of property, there was no
final distribution or allocation to which the court is bound. Regardless, a trial court
is not bound by a DRC report. "[T]he trial court has the broadest possible
discretion with respect to the use it makes of reports of domestic relations
commissioners." Eiland v. Ferrell, 937 S.W.2d 713, 716 (Ky. 1997) (citing Haley
v. Haley, 573 S.W.2d 354, 356 (Ky. App. 1978)).
Moreover, Mi Hui argues that reversal is required because the trial
court did not make specific findings as to each of the factors set forth in KRS
403.190. However, she did not move the trial court for more specific findings,
calling into question whether Mi Hui waived this argument, thus precluding our
review. See CR 52.02; see also Polley v. Allen, 132 S.W.3d 223, 230 (Ky. App.
-8-
2004) (citing CR 52.02) ("In the absence of a request for more specific findings on
[property-division issues], we conclude that any error has been waived.").
Here, Mi Hui filed objections and the limited record before us
indicates that the trial court considered those exceptions and found the testimony
before the DRC supported the findings. In contrast, this Court has no evidence in
the record before us to conclude that the trial court abused its wide discretion in
adopting the DRC's recommendations. Again, the appellant bears the burden of
ensuring that the record is complete with everything the appellate court needs to
decide the issues raised on appeal. Smith v. Smith, 450 S.W. 3d 729, 731 (Ky.
App. 2014).
Further, as the dissolution action was bifurcated and no final
disposition of property had occurred, the parties were still legally maneuvering
within the original dissolution action. Hence, an argument rooted in the "law of
the case" doctrine is more appropriate than res judicata. While both doctrines are
rooted in finality, the law of the case doctrine binds a court to previous final
conclusions within the same lawsuit, and res judicata binds a court to final
conclusions in a prior action. See Union Light, Heat & Power Co. v. Blackwell's
Adm'r, 291 S.W.2d 539 (Ky. 1956) (holding an opinion or decision of a court in
the same cause of action, once final, becomes the law for that case in any
subsequent trial or appeal as to any issues previously ruled on, however erroneous
-9-
the opinion or decision may be); see also Miller v. Admin. Off. of Cts., 361 S.W.3d
867, 871 (Ky. 2011) (stating res judicata "prohibits the relitigation of claims that
were litigated or could have been litigated between the same parties in a prior
action"). However, as stated above, there was no final allocation of Clinton's
retirement benefit, and as such, no law of the case to which the court is bound to
uphold.
Further, Clinton's doctrine of laches argument had credence. The
doctrine of laches is an equitable doctrine that bars a claim where "a party engages
in unreasonable delay to the prejudice of others rendering it inequitable to allow
that party to reverse a previous course of action." Plaza Condominium Ass'n, Inc.
v. Wellington Corp., 920 S.W.2d 51, 54 (Ky. 1996) (citing Kendall v. Mussman,
247 S.W.2d 502, 503-04 (Ky. 1952)). More specifically, our Supreme Court has
recognized:
‘Laches' in its general definition is laxness; an
unreasonable delay in asserting a right. In its legal
significance, it is not merely delay, but delay that results
in injury or works a disadvantage to the adverse party.
Thus there are two elements to be considered. As to what
is unreasonable delay is a question always dependent on
the facts in the particular case. Where the resulting harm
or disadvantage is great, a relative brief period of delay
may constitute a defense while a similar period under other
circumstances may not. What is the equity of the case is
the controlling question. Courts of chancery will not
become active except on the call of conscience, good faith,
and reasonable diligence. The doctrine of laches is, in
-10-
part, based on the injustice that might or will result from
the enforcement of a neglected right.
Id. (quoting Denison v. McCann, 197 S.W.2d 248, 249 (Ky. 1946)).
Here, the circuit court explicitly stated in its 2008 dissolution decree
that "all remaining issues including [a] just division of marital property . . . shall
be resolved subsequent to the entry of this decree." This language is not subtle or
misleading. The parties bore the burden of timely scheduling and attending a final
disposition hearing before the DRC, but neither met their burden.
This factual situation is quite distinct from situations where a court
allocates the marital assets and awards one party partial interest of a retirement
benefit, but the parties do not become aware of a problem with that distribution
until years later (often, the time of retirement). In those situations, a court may be
permitted to address the matter after much time has passed because a spouse did
not have notice that the allocation did not happen as ordered. See Satterfield v.
Satterfield, 608 S.W.3d 171, 175 (Ky. App. 2020) (finding the wife's claim 20
years after final dissolution was not unreasonably delayed, because she "had no
reason to inquire into" her ex-husband's failure to execute his duty, pursuant to a
qualified domestic relations order, "until such time as" that duty could be
executed); see also Snodgrass v. Snodgrass, 297 S.W.3d 878 (Ky. App. 2009)
(after interpretation issues pertaining to the court's division of retirement benefits
came into question, this Court permitted the husband to challenge the language of
-11-
the decree approximately six years after it reached finality because the effect of the
language did not manifest until shortly before he retired).
Here, the court reserved on the marital asset distribution; the court
referred the matter for further fact-finding and recommendations by the DRC; and
the parties never attended an additional hearing before the DRC. Legally speaking,
Mi Hui is not asking this Court to enforce a final circuit court judgment granting
her one-half of Clinton's retirement. Instead, she is asking this Court to order the
circuit court to make statutory findings that she failed to request 13 years ago.
Under these circumstances, the 13-year delay is not reasonable. We do not believe
the DRC intended Mi Hui's "opportunity to make appropriate living arrangement
inquiries" (before reassigning the matter) to last 13 years. Mi Hui did not
demonstrate reasonable diligence. She had clear notice that no final disposition
occurred and failed to timely act. After the court issued the decree of dissolution, a
final hearing was scheduled before the DRC but canceled and never rescheduled.
The mere existence of that canceled hearing should have informed both parties that
matters were not complete. We cannot speculate on the evidence that was
produced at the hearing ultimately conducted in 2023, and in the absence of any
record before us indicating that the evidence was insufficient or that more findings
were requested, we affirm the circuit court's adoption of the DRC conclusion that
Mi Hui "waited too long to raise the issues[.]"
-12-
CONCLUSION
Accordingly, we AFFIRM the May 2024 Orders of the Boyd Circuit
Court.
ALL CONCUR.
ENTERED: _March 28, 2025__
JUDGE, COURT OF APPEALS
BRIEF FOR APPELLANT: BRIEF FOR APPELLEE:
Brandon M. Music Natasha L. Kinnan
Grayson, Kentucky Catlettsburg, Kentucky
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