URIAH MARQUIS PASHA a.k.a. KENNETH URIAH ROSS v. JERRY PHELPS
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RENDERED:
November 26, 1997; 2:00 p.m.
NOT TO BE PUBLISHED
97-CA-0542-MR
URIAH MARQUIS PASHA
a.k.a. KENNETH URIAH ROSS
APPELLANT
APPEAL FROM LYON CIRCUIT COURT
HONORABLE BILL CUNNINGHAM, JUDGE
ACTION NO. 97-CI-00001
v.
JERRY PHELPS
APPELLEE
OPINION
VACATING AND REMANDING
* * * * * * * * * * * * *
BEFORE:
WILHOIT1, Chief Judge; EMBERTON and GUIDUGLI, Judges.
WILHOIT, CHIEF JUDGE:
This appeal is from a sua sponte order
dismissing for failure to state a cause of action the appellant's
pro se petition for a declaratory judgment.
No motion to dismiss
was filed by the appellee, and it does not appear that the
appellant was notified in advance of the court's intention to
dismiss his petition.
While we cannot substantively fault the
court, minimal procedures were not followed and must be
effectuated to ensure due process.
See Gall v. Scroggy, Ky.
App., 725 S.W.2d 867 (1987).
1
This opinion was prepared and concurred in prior to Chief
Judge Wilhoit's retirement on November 15, 1997. Release of the
opinion was delayed by normal administrative handling.
The order of the circuit court is vacated and this
matter is remanded for further proceedings consistent with this opinion.
ALL CONCUR.
BRIEF FOR APPELLANT:
No Brief For Appellee
Uriah Marquis Pasha, Pro Se
a.k.a. Kenneth Uriah Ross
Eddyville, Kentucky
-2-
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