Michael Lee Brewington v. Lisa Jill Brewington
── Michael Lee Brewington v. Lisa Jill Brewington ──
Court: Court of Appeals of Kentucky
Date: May 22, 2026
Author: Acree
Category: General
RENDERED: MAY 22, 2026; 10:00 A.M.
NOT TO BE PUBLISHED
Commonwealth of Kentucky
Court of Appeals
NO. 2025-CA-0482-MR
MICHAEL LEE BREWINGTON APPELLANT
APPEAL FROM BALLARD CIRCUIT COURT
v. HONORABLE TIMOTHY A. LANGFORD, JUDGE
ACTION NO. 23-CI-00006
LISA JILL BREWINGTON APPELLEE
OPINION
AFFIRMING
** ** ** ** **
BEFORE: ACREE, A. JONES, AND KAREM, JUDGES.
ACREE, JUDGE: Michael Brewington appeals the Ballard Circuit Court’s order
that he pay Lisa Brewington $10,000.00 pursuant to their agreed mediation order,
as well as her attorney fees of $2,000.00. We affirm.
Before proceeding with our review, we note that in a prior case in
which Michael’s counsel advocated in this Court for a different appellant, we
“leniently decline[d] to strike [that appellant’s] brief despite its substantial failure
to comply with RAP[1] briefing rules.” Carter v. Carter, No. 2024-CA-0996-MR,
2025 WL 2942325, at *1 (Ky. App. Oct. 17, 2025). In the instant case, Michael’s
counsel filed another brief that is substantially noncompliant with those rules and
that would justify striking the brief and dismissing the appeal. However, she filed
Michael’s brief nine days before we rendered Carter admonishing her. Therefore,
we again, and for the final time, extend lenity. Counsel is now on notice that her
filing of substantially noncompliant briefs in the future will invite the sanctions
available to this Court, including a fine not to exceed $1,000, in addition to striking
the brief and the possibility of dismissing the appeal.
In the underlying divorce action, the parties entered into an agreed
mediation order. Under the agreement, Michael was to retain the marital home,
remove Lisa from the mortgage, and pay her $10,000.00. Lisa is a teacher, and,
per the agreement, Michael was to receive half of her Kentucky Teachers’
Retirement System (KTRS) plan payments upon entry of a separate qualified
domestic relations order (QDRO). The trial court entered a QDRO the next month.
Correspondence in the record indicates the QDRO was initially rejected by KTRS
because Michael’s attorney failed to comply with certain statutory requirements.
1
Kentucky Rules of Appellate Procedure.
-2-
Months later, Lisa filed a motion to compel, alleging Michael failed to
pay her the $10,000.00 pursuant to the agreed mediation order. She sought the
payment and reimbursement of her attorney fees.
Michael responded by arguing Lisa already effectively received the
$10,000 because she continued receiving full KTRS payments even after initial
entry of the QDRO entitling Michael to a portion. By his undocumented estimate,
she received $12,400.00 that should have gone to him.
The trial court faulted Michael for the issues with the KTRS
payments, ordered him to pay the $10,000.00, and also ordered him to pay Lisa’s
attorney fees of $2,000.00.
A trial court has authority “to enforce its own judgments and remove
any obstructions to such enforcement. A court also has the right to invoke the
contempt power in enforcing a judgment.” Akers v. Stephenson, 469 S.W.2d 704,
706 (Ky. 1970) (citations omitted). “As an appellate court, we are required to give
deference to the trial court’s interpretation of its own orders. Unless that
interpretation is manifestly unreasonable, we will affirm.” VP Louisville, LLC v.
NBH Bank, N.A., 578 S.W.3d 753, 757 (Ky. App. 2019). The order is not
manifestly unreasonable.
Despite Michael’s framing of the issues, this app
{# E23 (Nick, ruling section 1 answer 10): quoting a bill or a court opinion works
the way quoting a news article works. Select a passage above and the same panel
opens: the passage goes to the official you choose, with this document's own
address as its source and its own type. #}