JOANN FAIRCLOTH MORRIS, A/K/A JOANN MORRIS, and BILLY JOE MORRIS V. CABINET FOR FAMILIES AND CHILDREN, COMMONWEALTH OF KENTUCKY, For and on Behalf of Christopher James Morris, an Infant
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RENDERED: FEBRUARY 21,2002
TO BE PUBLISHED
1999-SC-0902-DG
JOANN FAIRCLOTH MORRIS,
A/K/A JOANN MORRIS, and
BILLY JOE MORRIS
V.
ON REVIEW FROM THE COURT OF APPEALS
NO. 1998-CA-27 18
FAYETTE CIRCUIT COURT NO. 97-AC-0026
CABINET FOR FAMILIES AND CHILDREN,
COMMONWEALTH OF KENTUCKY,
For and on Behalf of Christopher James Morris,
an Infant
APPELLEE
OPINION OF THE COURT BY JUSTICE STUMBO
REVERSING AND REMANDING
On March 20, 1997, the Appellee, the Cabinet for Families and Children, as
petitioner and next friend of CJM, an infant, filed a Petition for Involuntary Termination
of Parental Rights in Fayette Circuit Court. On August 20, 1998, the trial court entered
an order terminating the parental rights of Appellants, Joann Faircloth Morris and Billy
Joe Morris, and placing custody of the minor child with the Cabinet for Families and
Children due to abuse and neglect. In October 1998, Appellants filed an appeal with
the Court of Appeals; however, the language of the notice of appeal specifically named
only the Cabinet for Families and Children as Appellee. The minor child was not
named as an Appellee, but was named within the style of the case, “In Re the Interest
of [CJM], a Child.” The Court of Appeals dismissed the appeal citing R.L.W. v. Cabinet
for Human Resources, Ky. App., 756 S.W.2d 148 (1988) which held that a child who is
the subject of a parental termination order is a “necessary” party to an appeal,
c
and a
failure to name the child as a party is grounds for dismissal.
The only issue before this Court is whether the Court of Appeals committed error
in dismissing the appeal for failure of the Appellants to name the child as an Appellee
within the body of the notice of appeal. We find that they did err, and thus reverse and
remand to the Court of Appeals for a decision on the merits of the case.
In Blackburn v. Blackburn, Ky., 810 S.W.2d 55 (1991), this Court held that a
notice of appeal was adequate under CR 73.03 if it contained a listing of parties
sufficient to give the opposing party notice of the identities of the parties against whom
the appeal was filed. The principal objective of a pleading is to give fair notice to the
opposing party. Id. at 56, citing Lee v. Stammer, Ky., 300 S.W.2d 251 (1957). That
objective has been met in this case. Appellants’ notice of appeal named the minor
child, CJM, in the caption, and, although he was not included in the certificate of
service, copies of the pleadings were provided to the child’s guardian ad litem. These
factors together substantially comply with the requirements of CR 73.03 and provided
sufficient notice to all parties concerned that the minor child was also an Appellee.
Here, as in Blackburn, a failure to reverse the decision of the Court of Appeals on this
issue would both result in an unfair outcome for the Appellants and would overburden
this Court’s standards of compliance with the Rules. Blackburn at p.56.
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In R.C.R. v. Commonwealth, Ky. App., 988 S.W.2d 36 (1999) the Court of
Appeals held, again in a parental rights termination case, that failure to name the child
as a party to the appeal did not require dismissal of the appeal. There, as in the case
sub judice, the child was named in the caption and the child’s guardian was given all
relevant pleadings. The Court went on to note that, though the notice of appeal was
poorly drafted, Blackburn v. Blackburn, Ky., 810 S.W.2d 55 (1991), had relaxed the
compliance standards for CR 73.03. Thus, as stated above, the inclusion of the child’s
name in the caption, coupled with the child’s guardian having been served with the
relevant pleadings, is more than sufficient to provide the parties with notice and to
satisfy CR 73.03. This case is reversed and remanded to the Court of Appeals for a
decision on the merits.
All Concur.
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COUNSEL FOR APPELLANTS:
John F. Rampulla, III
P.O. Box 1994
Lexington, KY 40588-I 994
COUNSEL FOR APPELLEE:
Terry L. Morrison
Cabinet for Human Resources
Office of the Counsel
275 East Main Street
4-West-C
Frankfort, KY 40621
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