Louisville & Jefferson County Human Relations Commission ex rel. Duke v. Mr. Maid, Inc.

Court of Appeals of Kentucky

Louisville & Jefferson County Human Relations Commission ex rel. Duke v. Mr. Maid, Inc.

828 S.W.2d 679, 1992 Ky. App. LEXIS 89, 1992 WL 86188

Court of Appeals of Kentucky·Decided May 1, 1992·No. No. 90-CA-282-S·Published

Opinion

LESTER, Chief Judge.

This is a special appeal in which the appellee failed to file a Position statement as required by CR 76.05(3)(B)(i). Even though CR 76.12(8) would appear to apply primarily to briefs in a matter of right submission, we see no reason not to utilize its provisions in special appeals. Accordingly, as provided in CR 76.12(8)(c)(iii), we regard appellee’s failure to file a position statement as a confession of error and reverse the judgment without considering the merits of the case.

All concur.

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LESTER, Chief Judge.

This is a special appeal in which the appellee failed to file a Position statement as required by CR 76.05(3)(B)(i). Even though CR 76.12(8) would appear to apply primarily to briefs in a matter of right submission, we see no reason not to utilize its provisions in special appeals. Accordingly, as provided in CR 76.12(8)(c)(iii), we regard appellee’s failure to file a position statement as a confession of error and reverse the judgment without considering the merits of the case.

All concur.

Louisville & Jefferson County Human Relations Commission ex rel. Duke v. Mr. Maid, Inc., 828 S.W.2d 679, 1992 Ky. App. LEXIS 89, 1992 WL 86188 (Ky. Ct. App. 1992).

Pincite

828 S.W.2d 679 (Louisville & Jefferson County Human Relations Commission ex rel. Duke v. Mr. Maid, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.