Opinion
NO. 2014-CA-001528-MR
08-28-2015
WILLIE J. STEWART APPELLANT v. COMMONWEALTH OF KENTUCKY APPELLEE
BRIEF FOR APPELLANT: Willie J. Stewart, pro se Northpoint Training Center Burgin, Kentucky BRIEF FOR APPELLEE: Amy V. Barker Frankfort, Kentucky
NOT TO BE PUBLISHED APPEAL FROM FRANKLIN CIRCUIT COURT
HONORABLE THOMAS D. WINGATE, JUDGE
ACTION NO. 14-CI-00515
OPINION AND ORDER
DISMISSING APPEAL
BEFORE: COMBS, NICKELL, AND VANMETER, JUDGES. COMBS, JUDGE: Willie Stewart appeals the order of the Franklin Circuit Court which dismissed his petition for declaration of rights. After our review, we are compelled to dismiss the appeal.
On May 5, 2014, Stewart, an inmate at Northpoint Training Center, filed a petition for declaration of rights. The defendants named in the petition were the Kentucky Department of Corrections and LaDonna Thompson, Aaron Smith, and Brenn Combs in their official capacities. The trial court dismissed the petition on August 19, 2014. Stewart filed his notice of appeal on September 16, 2014, naming the Commonwealth of Kentucky as the sole appellee. The petition specifically referred to the office of the Attorney General at Capitol Center Drive in Frankfort.
The petition had misspelled Combs's name. We have corrected the spelling. --------
We must dismiss the appeal because the Commonwealth was not a party in the underlying case. See Lewis LP Gas, Inc. v. Lambert, 113 S.W.3d 171, 176 (Ky. 2003) (abrogated on other grounds by Hoskins v. Maricle, 150 S.W.3d 1 (Ky. 2004)). Furthermore, the notice of appeal does not include any of the parties named in Stewart's petition. "[F]ailure to name an indispensable party in the notice of appeal results in dismissal of the appeal." Slone v. Casey, 194 S.W.3d 336, 337 (Ky. App. 2006).
Therefore, this appeal must be and is, hereby, dismissed.
ALL CONCUR. ENTERED: August 28, 2015
/s/ Sara W. Combs
JUDGE, COURT OF APPEALS
BRIEF FOR APPELLANT: Willie J. Stewart, pro se
Northpoint Training Center
Burgin, Kentucky
BRIEF FOR APPELLEE: Amy V. Barker
Frankfort, Kentucky