BY THE COURT
K.S.A. 2017 Supp. 60-206(a)(1)(C) explains how to calculate
time under Chapter 60 cases as follows: If "the last day
is a Saturday, Sunday or legal holiday, the period continues
to run until the end of the next day that is not a Saturday,
Sunday or legal holiday."
K.S.A. 2017 Supp. 60-203(a) provides the district court may
extend the time to obtain service by an additional 30 days so
long as the extension is granted within 90 days of filing the
petition and the plaintiff establishes good faith.
K.S.A. 2017 Supp. 60-215(a) is ambiguous because it fails to
address what happens while the motion to amend is pending.
Unlike K.S.A. 2017 Supp. 60-203(a), K.S.A. 2017 Supp.
60-215(a) creates no time limitation on a district
court's authority to grant a party's motion to amend
K.S.A. 2017 Supp. 60-215(a) does not address whether an
amended pleading is considered filed when the movant presents
statute of limitations is tolled when a party cannot exercise
his or her legal remedy under K.S.A. 2017 Supp. 60-215(a)
because the party awaits a judicial determination.
filed before the statute of limitations period expires, a
motion to amend the petition will toll the limitation period.
If the district court grants the amended petition, the
limitation period resumes.
amended petition is timely filed if it is filed the same day
the district court approves it.
from Wyandotte District Court; William P. Mahoney, judge.
Opinion filed February 22, 2019.
Melinda G. Young, of Bretz & Young, of Hutchinson, for
D. Weakley and Christopher M. Wolcott, of Wallace Saunders,
Chtd., of Overland Park, for appellee Ronald Ewing.
C. Hutchison, of Thompson Warner, P.A., of Lawrence, for
appellee Dustin Ewing.
L. Bennett, of Bennett, Bodine & Waters, P.A., of