Any party aggrieved by a declaratory judgment, order or decree, rendered in the Circuit
Court, may take and perfect an appeal to the Court of Appeals in the manner provided in
the Rules of Civil Procedure for appeals.
History: Amended 1976 Ky. Acts ch. 62, sec. 124. -- Transferred and amended 1952
Ky. Acts ch. 84, secs. 1 and 22, effective July 1, 1953, from C.C. sec. 639a-5. -- C.C.
sec. 639a-5 amended 1922 Ky. Acts ch. 83, sec. 5.
Notes of Decisions
Cited in
5
cases (
2 in the last 5 years), 1954–2023 · leading case:
Schultz v. Schultz, 332 S.W.2d 253 (Ky. Ct. App. 1959).
Schultz v. Schultz, 332 S.W.2d 253 (Ky. Ct. App. 1959).
“By an act of 1952, effective July 1, 1953, this code provision was superseded by KRS 418.060 which provides that a party aggrieved by a declaratory judgment may take and perfect an appeal to the Court of Appeals in the manner provided in the Buies of Civil Procedure.”
City of Paducah v. Elec. Plant Bd. of Paducah, 449 S.W.2d 907 (Ky. Ct. App. 1970).
“KRS 418.060. Nevertheless, the defendant is entitled to have the second suit for collection of payments abated and nothing more, pending determination of the proper construction of KRS 96.”
Fyffe v. Mason, 268 S.W.2d 29 (Ky. Ct. App. 1954).
“The administrator has moved to dismiss the appeals by Fyffe and the Metropolitan, on the ground that the action was one for a declaratory judgment and the appeals were not filed within the time allowed under section 639a-5 of the Civil Code of Practice (now, as amended, KRS…”
The First Nat'l Bank of Manchester v. Maurice K. Smith (Ky. Ct. App. 2022).
“-7- To begin, this case is a declaratory judgment action filed pursuant to Kentucky Revised Statutes (KRS) 418.040 et seq. No discovery was taken and the action was heard by the court upon motion by First National.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.