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Security Bank of Kansas City v. Tripwire Operations Group, LLC

Court of Appeals of Kansas

January 12, 2018

Security Bank of Kansas City, Appellee,
v.
Tripwire Operations Group, LLC, Defendant, Anthony L. Nichols, Appellant, and Ryan J. Morris, Defendant.

         SYLLABUS BY THE COURT

         1. A bank's right to setoff under K.S.A. 9-1206 is a self-help remedy through which a bank may apply funds in a depositor's account in full or partial satisfaction of any mature obligation or claim the bank has against the depositor.

         2. Because the right to setoff is a self-help remedy, there is no requirement for any judicial action before a bank exercises that right.

         3. Generally, a satisfaction of a judgment is the final act and end of a proceeding. A satisfaction of judgment on the record extinguishes the claim and ends the controversy. An unconditional satisfaction and release of judgment operates as a total relinquishment of all rights in the judgment; it is a complete discharge of the debt created by the judgment, including the right to challenge the judgment on appeal. If a judgment creditor accepts money in complete satisfaction and release of the creditor's judgment, that judgment has no further force or authority. A satisfaction of judgment bars any further effort to alter or amend the final judgment.

         4. The doctrine of acquiescence prevents a party from taking the inconsistent positions of challenging a judgment through an appeal and accepting the burdens or benefits of that judgment. Whether a party has acquiesced involves a question of this court's jurisdiction and is a question of law subject to unlimited review.

         5. In order for acquiescence to cut off the right to appeal, the acceptance of the burdens or benefits of a judgment debtor must be voluntary.

         6. Failure to post a supersedeas bond alone is not acquiescence in a judgment.

         7. The mootness doctrine is a court policy that recognizes the role of the court is to determine real controversies relative to the legal rights of the persons and properties which are actually involved in the particular case properly before it and to adjudicate those rights in such manner that the determination will be operative, final, and conclusive.

         Appeal from Wyandotte District Court; William P. Mahoney, judge. Appeal dismissed.

          Anthony L. Gosserand, of Van Osdol, PC, of Kansas City, Missouri, for appellant.

          Steven M. Leigh and Matthew M. Peters, of Martin Leigh PC, of Kansas City, Missouri, for appellee.

          Before Hill, P.J., Malone, J., and Merlin G. Wheeler, District Judge, assigned.

          Hill, J.

         Small actions, at times, have profound legal consequences. The filing of a satisfaction of a judgment is most often the final action in a lawsuit. That is what happened here and is the reason why we dismiss this appeal. With the judgment in this case satisfied, we see no controversy remaining between these litigants. We will not offer them an advisory opinion concerning the merits of the appeal because to do so ...


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