CIVIL PROCEDURE: Failure to join indispensable party: Watkins v. Fannin (COA 2/27/2009)

Watkins v. Fannin
2009 WL 485030
Opinion by Judge Acree; Judge VanMeter and Senior Judge Henry concurred.

The Court dismissed an appeal from an order of the circuit court dismissing appellant’s petition for declaration of rights.

The Court held that because appellant failed to name an indispensable party, the Court was without jurisdiction to grant relief. Because appellant’s petition sought an order to restore good time and expunge his prison record and only the Department of Corrections and the warden had the authority to do so, failure to name them in the Notice of Appeal was fatal.