Commonwealth ex rel. Marcum v. Fitzgerald

Court of Appeals of Kentucky

Commonwealth ex rel. Marcum v. Fitzgerald

376 S.W.2d 518, 1964 Ky. LEXIS 448

CourtCourt of Appeals of Kentucky

DecidedMarch 6, 1964

StatusPublished

Cited by1 cases

This text of 376 S.W.2d 518 (Commonwealth ex rel. Marcum v. Fitzgerald) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Commonwealth ex rel. Marcum v. Fitzgerald, 376 S.W.2d 518, 1964 Ky. LEXIS 448 (Ky. Ct. App. 1964).

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Opinion

MONTGOMERY, Judge.

The Commonwealth of Kentucky, on relation of its Commissioner of Revenue, sued Búd Fitzgerald, doing business as Fitzgerald Brothers et al. to collect a motor fuel tax assessment, together with penalty and interest. The Commonwealth has appealed from a judgment dismissing its complaint as amended.

Appellant filed its brief on November 16, 1962, with appropriate notice. Appellees have failed to file a brief. Pursuant to RCA 1.260(c) (2), the failure of appellees to file a brief is regarded as a confession of error, requiring a reversal. Appellant’s brief reasonably appears to sustain such action. On this record appellant is entitled to relief. W. R. Willett Lumber Co., Inc. v. Hall et al., Ky., 375 S.W.2d 266.

Judgment reversed.

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MONTGOMERY, Judge.

The Commonwealth of Kentucky, on relation of its Commissioner of Revenue, sued Búd Fitzgerald, doing business as Fitzgerald Brothers et al. to collect a motor fuel tax assessment, together with penalty and interest. The Commonwealth has appealed from a judgment dismissing its complaint as amended.

Appellant filed its brief on November 16, 1962, with appropriate notice. Appellees have failed to file a brief. Pursuant to RCA 1.260(c) (2), the failure of appellees to file a brief is regarded as a confession of error, requiring a reversal. Appellant’s brief reasonably appears to sustain such action. On this record appellant is entitled to relief. W. R. Willett Lumber Co., Inc. v. Hall et al., Ky., 375 S.W.2d 266.

Judgment reversed.

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376 S.W.2d 518, 1964 Ky. LEXIS 448, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-ex-rel-marcum-v-fitzgerald-kyctapp-1964.

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