Attorney an Indispensable Party to Appeal Contesting the Fee Award - Ky Court of Appeals Published Opinion

FINK V. FINK

Husband filed an appeal of an award of attorney fees, but failed to name Wife’s attorney as a party. As the fee award was “ordered paid directly to the attorney, the attorney ‘may enforce the order in his own name’ and, thus is the real party in interest and a necessary and indispensable party to any appeal from that order.”

The court dismisses Husband’s appeal holding that the naming of indispensable parties in the notice of appeal requires strict compliance and belatedly adding the attorney’s name to the appeal was insufficient.

Judge Thompson dissents arguing that “an attorney is often overlooked as a party to an appeal…because there is no logical reason or real purpose in naming the

attorney in the notice of appeal.” He believes the case should be heard on its merits and urges the Supreme Court to review this issue.

 

Digested by Elizabeth M. Howell