CITY OF DEVONDALE v. STALLINGS

No. 89-SC-169-DG.

795 S.W.2d 954 (1990)

CITY OF DEVONDALE, Kentucky, n/k/a City of Graymoor-Devondale, Movant, v. S.J. STALLINGS, et al., Respondents.

Supreme Court of Kentucky.

September 27, 1990.


Attorney(s) appearing for the Case

Charles H. Zimmerman, Jr., Kathryn M. Callahan, Greenbaum, Boone, Treitz, Maggiolo, Reisz & Brown, Louisville, for movant.

Peter L. Ostermiller, Stallings & Stallings, Foster L. Haunz, Haunz & Lueke, Louisville, for respondents.


STEPHENS, Chief Justice.

The issue we decide on this appeal is whether CR 73.02(2), the so-called "substantial compliance" rule, applies when a notice of appeal is timely filed, but omits the names of indispensable parties. Another way of stating the issue is whether the failure of an appellant to name indispensable parties in a timely-filed notice of appeal makes the notice of appeal jurisdictionally defective.

In 1984, Devondale, a fifth-class city located...

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