Young v. Howard

Court of Appeals of Kentucky

Young v. Howard

467 S.W.2d 782, 1971 Ky. LEXIS 407

DecidedJune 4, 1971

StatusPublished

This text of 467 S.W.2d 782 (Young v. Howard) 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.

Bluebook

Young v. Howard, 467 S.W.2d 782, 1971 Ky. LEXIS 407 (Ky. Ct. App. 1971).

Pincite

Opinion

CLAY, Commissioner.

In this workmen’s compensation case the appellant’s “Petition for review-appeal” was dismissed by the circuit court on the ground that it was not timely filed. Appellant contends this was error, and makes a plausible argument in support thereof. The appellee employee admits “for the sake of argument” that appellant’s position on this point may be correct. If so, that ends this appeal.

The parties in their briefs argue at length the merits of the controversy. The merits were never considered by the circuit court and are not before us. Since the employee declines to defend the circuit court’s order of dismissal, and it appears to have been erroneous, we are impelled to reverse the judgment.

The judgment is reversed.

All concur.

Free access — add to your briefcase to read the full text and ask questions with AI

CLAY, Commissioner.

In this workmen’s compensation case the appellant’s “Petition for review-appeal” was dismissed by the circuit court on the ground that it was not timely filed. Appellant contends this was error, and makes a plausible argument in support thereof. The appellee employee admits “for the sake of argument” that appellant’s position on this point may be correct. If so, that ends this appeal.

The parties in their briefs argue at length the merits of the controversy. The merits were never considered by the circuit court and are not before us. Since the employee declines to defend the circuit court’s order of dismissal, and it appears to have been erroneous, we are impelled to reverse the judgment.

The judgment is reversed.

All concur.

Cite This Page — Counsel Stack

Bluebook (online)

467 S.W.2d 782, 1971 Ky. LEXIS 407, Counsel Stack Legal Research, https://law.counselstack.com/opinion/young-v-howard-kyctapp-1971.