Legal Opinion
Nolph v. Scott
Kentucky Supreme Court
Decided March 12, 1987Published
1Opinion of the Court
725 S.W.2d 860 (1987)
Michael NOLPH, M.D., Movant,
v.
Helen SCOTT, Respondent.
Supreme Court of Kentucky.
March 12, 1987.
Galen J. White, Jr., William P. Swain, Louisville, for movant.
J. Michael Smither, Mark Webster, Hollis L. Searcy, Louisville, for respondent.
OPINION OF THE COURT
The issue on this appeal is whether CR 15.03 permits an amended complaint, substituting movant Michael Nolph for an "unknown defendant," to relate back to the time of the original complaint where "unknown defendants" were constructively served by appointment of a warning order attorney.
The trial court ruled relation back…
Also in this document: Dissent.
2Cases cited14 opinions
- Schiavone v. FortuneSupreme Court of the United States · 1986
- Harriett Duet Kirk, Widow of Dalta Ray Kirk v. Alwynn J. Cronvich, Individually and in His Official Capacity as Sheriff of the Parish of JeffersonCourt of Appeals for the Fifth Circuit · 1980
- Raine v. DrasinKentucky Supreme Court · 1981
- The Travelers Indemnity Company v. United States of America for the Use of Construction Specialties CompanyCourt of Appeals for the Tenth Circuit · 1967
- Di Santo v. PennsylvaniaSupreme Court of the United States · 1927
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