Further relief, based on a declaratory judgment, order or decree, may be granted whenever
necessary or proper. The application therefor shall be by petition to a court having
jurisdiction to grant the relief, either in the same proceeding wherein the declaratory
judgment, order or decree, was entered, or, in an independent action. If the application be
deemed sufficient, the court shall, on reasonable notice, require any adverse party whose
rights have been adjudicated by the declaratory judgment, order or decree, to show cause
why further relief should not be granted forthwith.
Effective: July 1, 1953
History: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C.
sec. 639a-4. -- Created 1922 Ky. Acts ch. 83, sec. 4.
Notes of Decisions
City of Paducah v. Elec. Plant Bd. of Paducah, 449 S.W.2d 907 (Ky. Ct. App. 1970).
· cites it 3× “This argument appears to overlook the' existence of KRS 418.055. That section provides that further relief based on a declaratory judgment, order or decree may be granted whenever necessary or proper.”
Mid-S. Toyota, Ltd. v. Bug's Imports, Inc., 453 S.W.2d 544 (Ky. Ct. App. 1970).
“KRS 418.055 provides, “Further relief, based on a declaratory judgment, order or decree, may be granted * * * either in the same proceeding * * * or, in an independent action.”
Harris v. Wallace, 474 S.W.2d 878 (Ky. Ct. App. 1971).
“2d 907, 910 (1970); KRS 418.055. Certainly, at least, there is nothing in the principle that would allow relief inconsistent with the declaratory judgment, because that would destroy the very purpose of declaratory proceedings.”
Oakley v. Bridges, 429 S.W.2d 31 (Ky. Ct. App. 1968).
“The appellants further rely upon the provision of KRS 418.055 that “Further relief based on a declaratory judgment, order or decree, may be granted whenever necessary or proper.”
Mid-S. Toyota, Ltd. v. Pennington, 458 S.W.2d 776 (Ky. Ct. App. 1970).
“” We regard it as unnecessary to now determine whether KRS 418.055 gives basis for the effort of Bug’s to obtain a money judgment.”
Univ. of Kentucky, A/K/A Uk Healthcare v. Sarah R. Moore (Ky. 2019).
· cites it 2× “045 provides examples of when a declaratory judgment may be requested and specifically recognizes that a declaratory judgment may be granted when a person’s rights are affected by a statute or other government regulation.”
Commonwealth of Kentucky, Dep't of Revenue v. Sarah R. Moore (Ky. 2019).
· cites it 2× “045 provides examples of when a declaratory judgment may be requested and specifically recognizes that a declaratory judgment may be granted when a person’s rights are affected by a statute or other government regulation.”
Kepley v. Lanz, 992 F. Supp. 2d 781 (W.D. Ky. 2014).
· cites it 2× “Subsequent actions for further relief based on the judgment, by contrast, require no additional liability determinations.”
Univ. of Kentucky v. Amelia Long (Ky. Ct. App. 2024).
“(citing KRS 418.055). And, whether relief derived from a declaratory judgment will be or may be pursued, “declaratory relief is not predicated on whether associated future consequential relief may be requested.”
Annotations are extracted automatically from the opinions in the
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