Sparkman v. Consol Energy, Inc.

Keith Randall Sparkman filed a complaint against CONSOL Energy, Inc. (CONSOL) and CONSOL of Kentucky, Inc. (CKI), as well as certain individuals, for breach of contract and tortious interference with contract. The jury found in favor of Sparkman and awarded damages. CONSOL/CKI appealed, and Sparkman cross-appealed. The court of appeals disposed of the matter sua sponte based on a perceived lack of jurisdiction. Because the contracts at issue in this dispute were entered into by In-Depth Sanitary Service Group (Group), a sole proprietorship not named in the complaint, and because the judgment was in favor of Group, a “non-party,” the court of appeals reversed and remanded the cause to the circuit court for further proceedings and any “appropriate corrective action.” The Supreme Court reversed, holding (1) the trial court’s judgment identified the correct party because the parties mutually consented to the amendment of the complaint to reflect Keith Randall Sparkman d/b/a In-Depth Sanitary Service Group; and (2) the naming of the parties in the notice of cross-appeal was sufficient to transfer jurisdiction to the court of appeals. View "Sparkman v. Consol Energy, Inc." on Justia Law