KRS 418.065: When court may refuse to declare rights -- Scope of review -- Remand of

case by appellate court.

The court may refuse to exercise the power to declare rights, duties or other legal

relations in any case where a decision under it would not terminate th e uncertainty or

controversy which gave rise to the action, or in any case where the declaration or

construction is not necessary or proper at the time under all the circumstances. The

appellate court in its consideration of the case, shall not be confined to errors alleged or

apparent in the record. When, in its opinion, further pleadings or proof is necessary to a

final and correct decision of the matters involved, or that should be involved, it shall

remand the case for that purpose; or if in its opinion the action is prematurely brought, or

where a ruling in the appellate court is not considered necessary or proper at the time

under all the circumstances, it may direct a dismissal without prejudice in the lower court.