Legal Opinion

Electric Plant Board of the City of Hopkinsville v. Stephens

Court of Appeals of Kentucky (pre-1976)

Decided December 17, 1954PublishedCited by 14 opinions

1Opinion of the Court

CLAY, Commissioner.

This case comes before us on appellee’s motion to dismiss the appeal. We are writing an opinion because an important question under the .Rules of Civil Procedure is presented. In simple terms, that question is: If a party fails to file his notice of appeal within the time limit prescribed by CR 73.02, does he lose his right of appeal? Put another way, is the requirement of filing a notice of appeal within the time limit prescribed by CR 73.02 mandatory and jurisdictional? The answer to these questions must be in the affirmative.

The Rules of Civil Procedure provide a simple,…

2Cases cited12 opinions

  1. Louisville Gas & Electric Co. v. BeaucondCourt of Appeals of Kentucky · 1920
  2. Deena Products Co. v. United Brick & Clay Workers of AmericaCourt of Appeals for the Sixth Circuit · 1952
  3. Federal Deposit Ins. Corp. v. Congregation Poiley TzedeckCourt of Appeals for the Second Circuit · 1946
  4. Mondakota Gas Co. v. Montana-Dakota Utilities Co.Court of Appeals for the Ninth Circuit · 1952
  5. Green River Rural Electric Co-Op. Corp. v. BlandfordCourt of Appeals of Kentucky (pre-1976) · 1947

7 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Hawks v. WilbertCourt of Appeals of Kentucky (pre-1976) · 1961
  2. United Mine Workers of America, Dist. No. 23 v. MorrisCourt of Appeals of Kentucky (pre-1976) · 1957
  3. Hardin v. WaddellCourt of Appeals of Kentucky (pre-1976) · 1958
  4. Cobb v. CarpenterCourt of Appeals of Kentucky · 1977
  5. Yocom v. Franklin County Fiscal CourtCourt of Appeals of Kentucky · 1976

9 more not listed; retrieve them via the Exa API.

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