JOHN PETER VINCENT HOLLIS v. CHERYL LEE HOLLIS
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RENDERED: NOVEMBER 9, 2007; 2:00 P.M.
NOT TO BE PUBLISHED
Commonwealth of Kentucky
Court of Appeals
NO. 2005-CA-001617-MR
JOHN PETER VINCENT HOLLIS
v.
APPELLANT
APPEAL FROM WOODFORD CIRCUIT COURT
HONORABLE O. REED RHORER, SPECIAL JUDGE
ACTION NO. 99-CI-00152
CHERYL LEE HOLLIS
APPELLEE
OPINION AND ORDER
DISMISSING
** ** ** ** **
BEFORE: LAMBERT, TAYLOR, AND WINE, JUDGES.
TAYLOR, JUDGE: John Peter Vincent Hollis brings this pro se appeal from an April
27, 2005, order of the Woodford Circuit Court concluding that Hollis's motion for
modification of custody and visitation was frivolous and ordering him to pay Cheryl Lee
Hollis's attorney, Hon. James L. Thomerson, fees in the amount of $525.00. In the April
27, 2005, order, the circuit court's award of attorney fees was made directly to Cheryl's
attorney, Thomerson.
Where an award of attorney fees is ordered to be paid directly to the
attorney, the attorney is the “real party in interest and a necessary and indispensable party
to any appeal from that order.” Neidlinger v. Neidlinger, 52 S.W.3d 513, 519 (Ky. 2001).
From review of the record, it is clear that John failed to name Thomerson as an appellee
in his notice of appeal. The failure to name an indispensable party in the notice of appeal
results in dismissal of the appeal. Com. v. Blincoe, 34 S.W.3d 822 (Ky.App. 2000).
Thus, we view John's failure to name Thomerson in the notice of appeal as fatal to this
appeal.
Now therefore be it ORDERED that Appeal No. 2005-CA-001617-MR be
and it is hereby DISMISSED.
ALL CONCUR.
ENTERED:_______________________
_________________________________
JUDGE, COURT OF APPEALS
BRIEF FOR APPELLANT:
BRIEF FOR APPELLEE:
John Peter Vincent Hollis, Pro Se
Frankfort, Kentucky
James L. Thomerson
Lexington, Kentucky
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