Legal Opinion
Special Fund v. Francis
Kentucky Supreme Court
Decided May 1, 1986PublishedCited by 260 opinions
1Opinion of the Court
OPINION OF THE COURT
We have granted discretionary review because a majority of a Court of Appeals panel has refused to follow a long line of decisions of the highest court of this state in violation of S.C.R. 1.030(8)(a) which provides:
“The Court of Appeals is bound by and shall follow applicable precedents established in the opinions of the Supreme Court and its predecessor court.”
The rule is fundamental and is absolutely necessary in a hierarchical judicial system. If every tier of courts in the judicial hierarchy were free to disregard the decisions of a higher court, the Court of Appeals…
2Cases cited6 opinions
- Lee v. International Harvester CompanyCourt of Appeals of Kentucky (pre-1976) · 1963
- Blue Diamond Coal Company v. SteppCourt of Appeals of Kentucky (pre-1976) · 1969
- Wagoner v. SmithCourt of Appeals of Kentucky · 1975
- Twin Peak Coal Co. v. WoolumCourt of Appeals of Kentucky · 1971
- Blue Diamond Coal Co. v. BlairCourt of Appeals of Kentucky · 1969
1 more not listed; retrieve them via the Exa API.
3Cited by260 opinions
- Western Baptist Hospital v. KellyKentucky Supreme Court · 1992
- Ira A. Watson Department Store v. HamiltonKentucky Supreme Court · 2000
- Whittaker v. RowlandKentucky Supreme Court · 1999
- Magic Coal Co. v. FoxKentucky Supreme Court · 2000
- Bowerman v. Black Equipment Co.Court of Appeals of Kentucky · 2009
255 more not listed; retrieve them via the Exa API.