Morris v. Cabinet for Families & Children

Summary

The Supreme Court of Kentucky held that the appellants’ notice of appeal substantially complied with CR 73.03 even though the minor child was not expressly named as an appellee in the body of the notice. Because the child was identified in the case caption and the guardian ad litem received the pleadings, the Court reversed the dismissal and remanded for consideration of the appeal on its merits.

Holdings

1. A notice of appeal substantially complies with CR 73.03 when the child is identified in the caption and the child's guardian ad litem receives the relevant pleadings, even though the child is not separately named as an appellee in the body of the notice.

Questions Presented

1. Whether the Court of Appeals erred by dismissing the appeal because the notice of appeal did not name the child as an appellee in the body of the notice, despite identifying the child in the caption and providing the child's guardian ad litem with the pleadings.

Disposition

reversed_and_remanded