52 Kentucky opinions name it 3 courts 1921–2026 16 in the last five years
The cases below were cited by Kentucky courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Ford v. Fordgreen2 sentences2023Still, “[w]hen a trial court denies a CR 59.05 motion, and a party erroneously designates that order in his or her notice of appeal,” as Keen has here, we can “utilize a substantial compliance analysis and consider ‘the appeal properly taken from the final judgment that was the subject of the CR 59.05 motion.’” Ford v. Ford, 578 S.W.3d 356, 366 (Ky. App. 2019) (emphasis in original) (citing Tax Ease Lien Investments 1, 340 S.W.3d at 103 n.5). 2023Ford v. Ford, 578 S.W.3d 356, 365-66 (Ky. App. 2019) (internal quotation marks and citations omitted) (“When a trial court denies a CR 59.05 motion, and a party erroneously designates that order in his or her notice of appeal, we utilize a substantial compliance analysis and consider the appeal properly taken from the final judgment that was the subject of the CR 59.05 motion.”). | 7 | 9 |
Lassiter v. American Express Travel Related Services Co.green2 sentences2023Travel Related Services Co., Inc., 308 S.W.3d 714, 718 (Ky. 2010), and, under circumstances void of prejudice, considers the appeal properly taken from the final judgment that was the subject of the CR 59.05 motion.” Id. 2023Travel Related Services Co., Inc., 308 S.W.3d 714, 718 (Ky. 2010), and, under circumstances void of prejudice, considers the appeal properly taken from the final judgment that was the subject of the CR 59.05 motion.” Id. | 3 | 3 |
City of Devondale v. Stallingsgreen2 sentences2023Although this Court adopted a policy of substantial compliance in Ready v. Jamison, 705 S.W.2d 479 (Ky. 1986), “the doctrine of substantial compliance 2 Kentucky Rules of Appellate Procedure. -3- . . . only applies to defects that are nonjurisdictional in nature.” Beard, 891 S.W.2d at 383 (citing City of Devondale v. Stallings, 795 S.W.2d 954, 957 (Ky. 1990), superseded by rule as stated in Mahl v. Mahl, 671 S.W.3d 140 (Ky. 2023)). 2015Recognizing the doctrine of substantial compliance as “salutary and progressive” in other contexts of appellate practice, this Court nevertheless declined to apply it in those circumstances “to retroactively create jurisdiction.” Id. | 2 | 3 |
Hallis v. Hallisgreen2 sentences2021Therefore, an appellant’s compliance with this rule allows us to undergo “meaningful and efficient review by directing the reviewing court to the most important aspects of the appeal[,] [such as] what facts are important and where they can be found in the record[.]” Hallis v. Hallis, 328 S.W.3d 694, 696 (Ky. App. 2010). 2020An appellant’s compliance with this rule allows us to undergo “meaningful and efficient review by directing the reviewing court to the most important aspects of the appeal[,] [such as] what facts are important and 2 Kentucky Revised Statutes. 3 Kentucky Rules of Civil Procedure. -3- where they can be found in the record[.]” Hallis v. Hallis, 328 S.W.3d 694, 696 (Ky. App. 2010). | 2 | 3 |
Excel Energy, Inc. v. Commonwealth Institutional Securities, Inc.green2 sentences2019Excel Energy, Inc. v. Commonwealth Institutional Securities, Inc. , 37 S.W.3d 713 , 716-17 (Ky. 2000) ("A tardy notice of appeal is subject to automatic dismissal and cannot be saved through application of the doctrine of substantial compliance, is a policy decision that is reflected in CR 73.02."). 2006See Excel Energy, Inc. v. Commonwealth Institutional Securities, Inc., 37 S.W.3d 713 (Ky.2000). | 2 | 2 |
Knox County v. Hammonsgreen2 sentences2018See Hammons, 129 S.W.3d at 843 . 10 We reiterate our holding, however, in Gainsco, that the burden is on the dealer, when selling to a purchaser for use, to actively verify that the buyer has insurance before transferring possession of the vehicle. 2018See Hammons, 129 S.W.3d at 843 . 10 We reiterate our holding, however, in Gainsco, that the burden is on the dealer, when selling to a purchaser for use, to actively verify that the buyer has insurance before transferring possession of the vehicle. | 2 | 2 |
Workers' Compensation Board v. Silergreen2 sentences2006See Johnson v. Smith, 885 S.W.2d 944, 949-50 (Ky.1994) (holding that “the battle be tween strict compliance with the rules of appellate practice to avoid dismissal and substantial compliance is now over” and that tardy appeals are subject only to strict compliance); Workers’ Compensation Bd. v. Siler, 840 S.W.2d 812, 813 (Ky.1992) (“Our adoption of the substantial compliance rule provides that the failure of a party to timely complete some procedural steps may not affect the validity of the appeal. 2006See Johnson v. Smith, 885 S.W.2d 944, 949-50 (Ky.1994) (holding that "the battle between *143 strict compliance with the rules of appellate practice to avoid dismissal and substantial compliance is now over" and that tardy appeals are subject only to strict compliance); Workers' Compensation Bd. v. Siler, 840 S.W.2d 812, 813 (Ky.1992) ("Our adoption of the substantial compliance rule provides that the failure of a party to timely complete some procedural steps may not affect the validity of the appeal. | 1 | 4 |
Marksberry v. Rileygreen1 sentence2023Thus, turning to the prior order of the family court, the law is well- settled that a family court “has the authority to allocate the tax exemption between the parties.” Marksberry v. Riley, 889 S.W.2d 47, 48 (Ky. App. 1994) (citing Hart v. Hart, 774 S.W.2d 455 (Ky. App. 1989)). | 1 | 1 |
Koester v. Koestergreen1 sentence2022Koester v. Koester, 569 S.W.3d 412, 414 (Ky. App. 2019). 4 An “APPENDIX” with appropriate extruding tabs containing copies of the findings of fact, conclusions of law, and judgment of the trial court, any written opinions filed by the trial court in support of the judgment, the opinion or opinions of the court from which the appeal is taken, and any pleadings or exhibits to which ready reference may be considered by the appellant as helpful to the appellate court. | 1 | 1 |
Sluss v. Commonwealthgreen2 sentences2019Further, the focus of Sluss was really about whether Juror Booth 24 Id. at 284 . 25 Id. 26 Id. at 284-85 (emphasis in original). 27 Since Sluss was rendered, three cases have cited it to support the rule that it is sufficient to either write your would-be peremptory strikes on the record or state them verbally: (1) Noel v. Commonwealth, 2017-CA-001717-MR, 2019 WL 3763632 , at *1 (Ky. App. Aug. 9, 2019) (holding the issue was preserved “under the doctrine of substantial compliance” because counsel stated the would-be peremptory strike verbally); (2) Jackson v. Wall, 2014-CA-000977-MR, 2016 WL 7 2019Further, the focus of Sluss was really about whether Juror Booth 24 Id. at 284 . 25 Id. 26 Id. at 284-85 (emphasis in original). 27 Since Sluss was rendered, three cases have cited it to support the rule that it is sufficient to either write your would-be peremptory strikes on the record or state them verbally: (1) Noel v. Commonwealth, 2017-CA-001717-MR, 2019 WL 3763632 , at *1 (Ky. App. Aug. 9, 2019) (holding the issue was preserved “under the doctrine of substantial compliance” because counsel stated the would-be peremptory strike verbally); (2) Jackson v. Wall, 2014-CA-000977-MR, 2016 WL 7 | 1 | 1 |
Bosse v. Bossegreen2 sentences2016In those cases, the dispute is not between the contracting parties but is a dispute as “to whom the insured intended to make a gift by way of insuring his life for same.” Bosse v. Bosse, 248 Ky. 11 , 57 S.W.2d 995, 996 (1933). 2016In those cases, the dispute is not between the contracting parties but is a dispute as “to whom the insured intended to make a gift by way of insuring his life for same.” Bosse v. Bosse, 248 Ky. 11 , 57 S.W.2d 995, 996 (1933). | 1 | 1 |
Flick v. Estate of Wittichgreen1 sentence2015See Flick v. Es tate of Wittich, 396 S.W.3d 816 (Ky.2013) (clerical error in naming parties to an appeal did not prejudice the parties); Crossley v. Anheuser-Busch, Inc., 747 S.W.2d 600 (Ky.1988) (a tardy prehearing statement properly served did not result in harm to the parties). | 1 | 1 |
| Scifres v. Kraftgreen | 1 | 1 |
| Pikeville Nat. Bank & Trust Co. v. Shirleygreen | 1 | 1 |
| Cobb v. Carpentergreen | 1 | 1 |
| Demoss v. Commonwealthgreen | 1 | 1 |
| Johnson v. Smithgreen | 1 | 1 |
| Commonwealth v. Opellgreen | 1 | 1 |
| Higgason v. Henrygreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Ready v. Jamison
green
2 sentences2023Although this Court adopted a policy of substantial compliance in Ready v. Jamison, 705 S.W.2d 479 (Ky. 1986), “the doctrine of substantial compliance 2 Kentucky Rules of Appellate Procedure. -3- . . . only applies to defects that are nonjurisdictional in nature.” Beard, 891 S.W.2d at 383 (citing City of Devondale v. Stallings, 795 S.W.2d 954, 957 (Ky. 1990), superseded by rule as stated in Mahl v. Mahl, 671 S.W.3d 140 (Ky. 2023)). 1994In the face of this, Bowen cites the case of Ready v. Jamison, Ky., 705 S.W.2d 479 (1986) as authority to apply the doctrine of substantial compliance to the Constitution and all three cited statutes. | 5 | 1990–2023 |
Tax Ease Lein Investments 1, LLC v. Brown
green
2 sentences2023Still, “[w]hen a trial court denies a CR 59.05 motion, and a party erroneously designates that order in his or her notice of appeal,” as Keen has here, we can “utilize a substantial compliance analysis and consider ‘the appeal properly taken from the final judgment that was the subject of the CR 59.05 motion.’” Ford v. Ford, 578 S.W.3d 356, 366 (Ky. App. 2019) (emphasis in original) (citing Tax Ease Lien Investments 1, 340 S.W.3d at 103 n.5). 2022When a trial court denies a CR 59.05 motion, and a party erroneously designates that order in his or her notice of appeal, we utilize a substantial compliance analysis and consider “the appeal properly taken from the final judgment that was the subject of the CR 59.05 motion.” [Tax Ease Lien Invs. 1, LLC v. Brown, 340 S.W.3d 99 ,] 103 n.5 (emphasis added) (citing Felix v. Lykins Enters., Inc., 2010 WL 4137276 (Ky. App. Oct. 22, 2010) (ordered not published by Kentucky Supreme Court Apr. 18, 2012)). | 4 | 2019–2023 |
Smith v. Goodyear Tire & Rubber Co.
green
2 sentences2021Siler, 840 S.W.2d at 813 (citing CR 73.03(2); Ready, 705 S.W.2d at 479 ; Smith v. Goodyear Tire & Rubber Co., 772 S.W.2d 640 (Ky. App. 1989)). 1991The substantial compliance doctrine was followed recently in Smith v. Goodyear Tire and Rubber Co., Ky.App., 772 S.W.2d 640 (1989), also relied upon by the appellant. | 3 | 1991–2021 |
Shamrock Coal Co., Inc. v. Taylor
green
2 sentences2017The Court of Appeals reversed the circuit court, citing the substantial compliance doctrine implicit in Shrimrock Coal Co. v. Taylor, 697 S.W.2d 952 (Ky. App. 1985). 2017The Court of Appeals reversed the circuit court, citing the substantial compliance doctrine implicit in Shamrock Coal Co. v. Taylor, 697 S.W.2d 952 (Ky. App. 1985). | 3 | 2017–2017 |
Commonwealth v. Cain
green
2 sentences1924This, as held in Commonwealth v. Cain, 14 Bush 525 , and Morgan v. Commonwealth, 172 Ky. 684 , was a substantial compliance with the requirement of section 129, Criminal Code, because the court is authorized on demurrer to assume that: the offense was committed on the date and at the-time charged in the indictment, though the Commonwealth on the trial is not confined to the time alleged,, but will, if the offense be a felony, be permitted to prove that it was committed at any time before the-finding of the indictment.” It is apparent from the authorities, supra, that the-action of the trial co 1922This, as held in Commonwealth v. Cain, 14 Bush 525 , and Morgan v. Commonwealth, 172 Ky. 684 , was a substantial compliance with the requirement of section 129, Criminal Code, because the court is authorized on demurrer to assume that the offense was committed on the date and at the time charged in the indictment, though the Commonwealth on the trial is not confined to the time alleged, but will, if the offense be a felony, be permitted to prove that it was committed at any time before the finding of the indictment. | 2 | 1922–1924 |
Morgan v. Commonwealth
neutral
2 sentences1924This, as held in Commonwealth v. Cain, 14 Bush 525 , and Morgan v. Commonwealth, 172 Ky. 684 , was a substantial compliance with the requirement of section 129, Criminal Code, because the court is authorized on demurrer to assume that: the offense was committed on the date and at the-time charged in the indictment, though the Commonwealth on the trial is not confined to the time alleged,, but will, if the offense be a felony, be permitted to prove that it was committed at any time before the-finding of the indictment.” It is apparent from the authorities, supra, that the-action of the trial co 1922This, as held in Commonwealth v. Cain, 14 Bush 525 , and Morgan v. Commonwealth, 172 Ky. 684 , was a substantial compliance with the requirement of section 129, Criminal Code, because the court is authorized on demurrer to assume that the offense was committed on the date and at the time charged in the indictment, though the Commonwealth on the trial is not confined to the time alleged, but will, if the offense be a felony, be permitted to prove that it was committed at any time before the finding of the indictment. | 2 | 1922–1924 |
Helm v. Citizens to Protect the Prospect Area, Inc.
green
1 sentence2026A local legislative body to enact a valid ordinance must observe all legal requirements, including those they impose upon themselves.” Id. (citing Glazier v. City of Newport, 116 S.W. 262 (Ky. 1909)). | 1 | 2026–2026 |
Glazier v. City of Newport
green
1 sentence2026A local legislative body to enact a valid ordinance must observe all legal requirements, including those they impose upon themselves.” Id. (citing Glazier v. City of Newport, 116 S.W. 262 (Ky. 1909)). | 1 | 2026–2026 |
Beard v. Commonwealth ex rel. Shaw
green
1 sentence2023Although this Court adopted a policy of substantial compliance in Ready v. Jamison, 705 S.W.2d 479 (Ky. 1986), “the doctrine of substantial compliance 2 Kentucky Rules of Appellate Procedure. -3- . . . only applies to defects that are nonjurisdictional in nature.” Beard, 891 S.W.2d at 383 (citing City of Devondale v. Stallings, 795 S.W.2d 954, 957 (Ky. 1990), superseded by rule as stated in Mahl v. Mahl, 671 S.W.3d 140 (Ky. 2023)). | 1 | 2023–2023 |
Hart v. Hart
green
1 sentence2023Thus, turning to the prior order of the family court, the law is well- settled that a family court “has the authority to allocate the tax exemption between the parties.” Marksberry v. Riley, 889 S.W.2d 47, 48 (Ky. App. 1994) (citing Hart v. Hart, 774 S.W.2d 455 (Ky. App. 1989)). | 1 | 2023–2023 |
McCuiston v. Butler
green
1 sentence2021They contend that McCuiston, supra, upon which the Barren Circuit Court relied, is distinguishable from the facts before us as the McCuiston 911 operator took numerous steps to locate the 911 caller whereas the 911 operator in the instant case did nothing. | 1 | 2021–2021 |
BOARD OF ADJUST. OF CITY OF RICHMOND v. Flood
green
1 sentence2021Id. | 1 | 2021–2021 |
Wright v. Howard
green
1 sentence2019As we explained over thirty years ago: In filing the petition as a dual one for adoption and termination of parental rights, apparently in an attempt to satisfy the requirements of both the adoption statutes and the involuntary termination statute the appellee Howards, as do most others taking this mistaken procedural approach, failed to fulfill [sic] various requirements of the adoption statutes, their only real concern under proper interpretation of KRS 199.500(4) and application of the strict compliance rule, and thereby caused the trial court to enter an invalid judgment. 711 S.W.2d at 496 | 1 | 2019–2019 |
Hart v. Hart
green
2 sentences2016In Hart v. Hart, 201 S.W.3d 457 (Ky. 2006), Duane Hart purchased an annuity from Hartford Life Insurance Company and designated his wife as the beneficiary. 2016Id. at 460 . | 1 | 2016–2016 |
Matthews v. VIKING ENERGY HOLDINGS, LLC
neutral
1 sentence2015Specifically, Matthews’s denunciation of a “prejudice-weighing analysis” conflicts with the principles espoused in Ready and its progeny. 341 S.W.3d at 598 . | 1 | 2015–2015 |
Crossley v. Anheuser-Busch, Inc.
green
1 sentence2015See Flick v. Es tate of Wittich, 396 S.W.3d 816 (Ky.2013) (clerical error in naming parties to an appeal did not prejudice the parties); Crossley v. Anheuser-Busch, Inc., 747 S.W.2d 600 (Ky.1988) (a tardy prehearing statement properly served did not result in harm to the parties). | 1 | 2015–2015 |
Rybolt v. Futrell
green
2 sentences2011In Rybolt v. Futrell, 296 Ky. 158, 176 S.W.2d 269 (1943), the court discussed the doctrine of substantial compliance as applies to KRS 394.040, stating that a literal compliance with this section is not necessary and that a substantial compliance therewith will suffice provided there is no violation of the express language of the statute. 2011In Rybolt v. Futrell, 296 Ky. 158, 176 S.W.2d 269 (1943), the court discussed the doctrine of substantial compliance as applies to KRS 394.040, stating that a literal compliance with this section is not necessary and that a substantial compliance therewith will suffice provided there is no violation of the express language of the statute. | 1 | 2011–2011 |
Birch v. Jefferson County Court
green
2 sentences2011In Birch v. Jefferson County Court, 244 Ky. 425 , 51 S.W.2d 258 , it was written that the will must be signed by the testator, or acknowledged by him, in the presence of two witnesses who must subscribe their names in the presence of testator, but the statute does not require that the will be both signed and acknowledged by the testator in the presence of the two witnesses. 2011In Birch v. Jefferson County Court, 244 Ky. 425 , 51 S.W.2d 258 , it was written that the will must be signed by the testator, or acknowledged by him, in the presence of two witnesses who must subscribe their names in the presence of testator, but the statute does not require that the will be both signed and acknowledged by the testator in the presence of the two witnesses. | 1 | 2011–2011 |
| Kentucky Unemployment Insurance Commission v. Carter green | 1 | 1998–1998 |
| Webster County v. Vaughn green | 1 | 1994–1994 |
| Leslie County v. Hensley, Jailer neutral | 1 | 1967–1967 |
| Jefferson County v. Young green | 1 | 1967–1967 |
| Couch v. Commonwealth neutral | 1 | 1939–1939 |
| Naylor v. Board of Education neutral | 1 | 1939–1939 |
| McCreary v. Speer green | 1 | 1921–1921 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.