Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Scott v. Ewing

Court of Appeals of Kansas

February 22, 2019

Tamah Scott, Appellant,
v.
Donald Ewing, Dawn Ewing, Ronald Ewing, Dustin Ewing, James Basey, K.S., a minor, by and through his father and next friend, Donald Smith, and Donald Smith, Appellees.

         SYLLABUS BY THE COURT

         1. 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."

         2. 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.

         3. K.S.A. 2017 Supp. 60-215(a) is ambiguous because it fails to address what happens while the motion to amend is pending.

          4. 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 a pleading.

         5. K.S.A. 2017 Supp. 60-215(a) does not address whether an amended pleading is considered filed when the movant presents it.

         6. The 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.

         7. If 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.

         8. An amended petition is timely filed if it is filed the same day the district court approves it.

          Appeal from Wyandotte District Court; William P. Mahoney, judge. Opinion filed February 22, 2019.

          Melinda G. Young, of Bretz & Young, of Hutchinson, for appellant.

          Kevin D. Weakley and Christopher M. Wolcott, of Wallace Saunders, Chtd., of Overland Park, for appellee Ronald Ewing.

          Robert C. Hutchison, of Thompson Warner, P.A., of Lawrence, for appellee Dustin Ewing.

          Kevin L. Bennett, of Bennett, Bodine & Waters, P.A., of ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.