Powell v. Pruitt

Court of Appeals of Kentucky

Powell v. Pruitt

376 S.W.2d 689, 1964 Ky. LEXIS 468

DecidedMarch 13, 1964

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This text of 376 S.W.2d 689 (Powell v. Pruitt) 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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Powell v. Pruitt, 376 S.W.2d 689, 1964 Ky. LEXIS 468 (Ky. Ct. App. 1964).

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Opinion

MONTGOMERY, Judge.

Earle V. Powell, as Commissioner of the Department of Economic Security, has appealed from a judgment in favor of Vencil Pruitt holding that Pruitt “is permanently and totally disabled and qualified to receive aid to dependant (sic) children as contemplated by the Public Assistance Law.” The judgment reversed a ruling by the Appeal Board holding appellee ineligible to receive aid for his dependent children. See KRS 205.230.

Appellee has failed to file a brief. Pursuant to RCA 1.260(c) (2), the failure of appellee to file a brief is regarded as a confession of error, requiring a reversal. Appellant’s brief reasonably appears to sustain such action. On the record the judgment is erroneous. Powell v. Bingham, Ky., 350 S.W.2d 150.

Judgment reversed.

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MONTGOMERY, Judge.

Earle V. Powell, as Commissioner of the Department of Economic Security, has appealed from a judgment in favor of Vencil Pruitt holding that Pruitt “is permanently and totally disabled and qualified to receive aid to dependant (sic) children as contemplated by the Public Assistance Law.” The judgment reversed a ruling by the Appeal Board holding appellee ineligible to receive aid for his dependent children. See KRS 205.230.

Appellee has failed to file a brief. Pursuant to RCA 1.260(c) (2), the failure of appellee to file a brief is regarded as a confession of error, requiring a reversal. Appellant’s brief reasonably appears to sustain such action. On the record the judgment is erroneous. Powell v. Bingham, Ky., 350 S.W.2d 150.

Judgment reversed.

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376 S.W.2d 689, 1964 Ky. LEXIS 468, Counsel Stack Legal Research, https://law.counselstack.com/opinion/powell-v-pruitt-kyctapp-1964.

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