BY THE COURT
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
Because the right to setoff is a self-help remedy, there is
no requirement for any judicial action before a bank
exercises that right.
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.
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.
order for acquiescence to cut off the right to appeal, the
acceptance of the burdens or benefits of a judgment debtor
must be voluntary.
Failure to post a supersedeas bond alone is not acquiescence
in a judgment.
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.
from Wyandotte District Court; William P. Mahoney, judge.
Anthony L. Gosserand, of Van Osdol, PC, of Kansas City,
Missouri, for appellant.
M. Leigh and Matthew M. Peters, of Martin Leigh PC, of Kansas
City, Missouri, for appellee.
Hill, P.J., Malone, J., and Merlin G. Wheeler, District
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 ...