2009 Kentucky Revised StatutesDownload pdf
CHAPTER 418 SUMMARY PROCEEDINGS -- DECLARATORY JUDGMENTS
418.065 When court may refuse to declare rights -- Scope of review -- Remand of case by appellate court.
relations in any case where a decision under it would not terminate the uncertainty or
controversy which gave rise to the action, or in any case where the declaration or
construction is not necessary or proper at the time under all the circumstances. The
appellate court in its consideration of the case, shall not be confined to errors alleged or
apparent in the record. When, in its opinion, further pleadings or proof is necessary to a
final and correct decision of the matters involved, or that should be involved, it shall
remand the case for that purpose; or if in its opinion the action is prematurely brought, or
where a ruling in the appellate court is not considered necessary or proper at the time
under all the circumstances, it may direct a dismissal without prejudice in the lower court. Effective: July 1, 1953
History: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 639a-6. -- Created 1922 Ky. Acts ch. 83, sec. 6.
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