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   State Courts - Kansas - February 23, 2007

  
Four Seasons Apts. v. AAA Glass Serv., No. 96,455, COURT OF APPEALS OF KANSAS, February 23, 2007, Opinion Filed
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Overview: A trial court properly dismissed an apartment company's 2005 action against a glass service company for breach of an implied warranty of fitness for a particular purpose where the three-year statute of limitations in Kan. Stat. Ann. § 60-512 began to run in 1993 when the glass service sold and installed doors in an apartment building.

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Muhl v. Bohi, No. 96,262, COURT OF APPEALS OF KANSAS, February 23, 2007, Opinion Filed
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Overview: A grant of summary judgment in favor of appellees in appellants' action for trespass was inappropriate because the parties did not agree that the encroachment onto appellants' property was only three feet. Thus, the trial court incorrectly determined that the distance of encroachment was an undisputed fact.

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Porter v. State, No. 95,975, COURT OF APPEALS OF KANSAS, February 23, 2007, Opinion Filed
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Overview: Where defendant pled no contest to aggravated burglary and was sentenced to 107 months' imprisonment, his Kan. Stat. Ann. § 60-1507 motion was properly denied because, inter alia, he waived his argument that the State breached the plea agreement, his plea was voluntarily and knowingly made, and his motion to withdraw the plea was properly denied.

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Washington v. Roberts, No. 96,429, COURT OF APPEALS OF KANSAS, February 23, 2007, Opinion Filed
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Overview: Court erred in dismissing inmate's petition for relief under Kan. Stat. Ann. § 60-1501 where there was nothing to show why hearing officer refused to allow him to call witness during his disciplinary proceeding; prison officials did not meet their burden of persuasion as to existence and sufficiency of institutional concerns that justified refusal.

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