Franklin County Fiscal Court v. Stewart

I reluctantly concur in the majority opinion. Unfortunately, because of a procedural rule we are unable to answer a question of considerable importance to the jailers of this state, the county governments, and the taxpayers. Nevertheless, I believe the majority is correct that the rationale behind the rule laid down in Tyler v. Bryant, Ky., 394 S.W.2d 454 (1965), is equally applicable here. The long-standing rule before Tyler had been that an attorney to whom a fee award had been made directly was a necessary party to any appeal contesting that award. See Bartlett v. Louisville Trust Co., 212…