2009 Kentucky Revised Statutes
CHAPTER 418 SUMMARY PROCEEDINGS -- DECLARATORY JUDGMENTS
418.065 When court may refuse to declare rights -- Scope of review -- Remand of case by appellate court.

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418.065 When court may refuse to declare rights -- Scope of review -- Remand of case by appellate court. The court may refuse to exercise the power to declare rights, duties or other legal <br>relations in any case where a decision under it would not terminate the uncertainty or <br>controversy which gave rise to the action, or in any case where the declaration or <br>construction is not necessary or proper at the time under all the circumstances. The <br>appellate court in its consideration of the case, shall not be confined to errors alleged or <br>apparent in the record. When, in its opinion, further pleadings or proof is necessary to a <br>final and correct decision of the matters involved, or that should be involved, it shall <br>remand the case for that purpose; or if in its opinion the action is prematurely brought, or <br>where a ruling in the appellate court is not considered necessary or proper at the time <br>under all the circumstances, it may direct a dismissal without prejudice in the lower court. Effective: July 1, 1953 <br>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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