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| Fleetwood Enters. v. Coleman Co., No. 95,796,
COURT OF APPEALS OF KANSAS, May 25, 2007, Opinion Filed
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Overview: District court improperly granted summary judgment enjoining defendant from using its trademark because defendant had entered into an agreement with plaintiff's subsidiary whereby defendant was permitted to use its trademark in exchange for royalty payments and issues of fact remained as to whether the subsidiary was plaintiff's alter ego.
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| Found. Property Invs., LLC v. CTP, LLC, No. 96,697,
COURT OF APPEALS OF KANSAS, May 25, 2007, Opinion Filed
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Overview: District court improperly granted summary judgment to a lender in its action to foreclose a promissory note based on an acceleration clause because the lender, by accepting 10 late payments without objection, had established a course of dealing under Kan. Stat. Ann. § 84-1-205(1) and had waived its right to accelerate the note.
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| Ponds v. Hertz Corp., No. 96,543,
COURT OF APPEALS OF KANSAS, May 25, 2007, Opinion Filed
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Overview: Summary judgment was properly awarded to an insurer in an action by a deceased passenger's daughter to recover damages where the rented vehicle that the passenger was riding in was not an "insured car" under the insured renter's policy; the temporary rental car did not serve as a replacement vehicle under the clear meaning of the policy language.
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| State v. McCormick, No. 92,408,
COURT OF APPEALS OF KANSAS, May 25, 2007, Opinion Filed
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Overview: District court did not violate defendant's Sixth Amendment right to counsel by refusing to appoint substitute counsel because the irreconcilable breakdown in communication alleged by defendant was his own fault, caused by his attempts to control defense tactical decisions. Moreover, defendant knowingly and intelligently waived his right to counsel.
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| Underhill v. Thompson, No. 96,290,
COURT OF APPEALS OF KANSAS, May 25, 2007, Opinion Filed
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Overview: The district court properly granted summary judgment on a negligence claim, which arose from a minor vehicle accident, because plaintiff did not serve defendant, and thereby commence the action, until after the two-year statute of limitations of Kan. Stat. Ann. § 60-513(a)(4) had run, and Kan. Stat. Ann. § 60-517 did not apply to toll the statute.
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| In re Protest of United AG Servs., No. 95,947,
COURT OF APPEALS OF KANSAS, June 1, 2007, Opinion Filed
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Overview: Court erred in upholding county's tax assessments on grain elevators that were on land leased from railroad because undervaluation of real estate qualified neither as "escaped" under Kan. Stat. Ann. § 79-1475, nor as clerical error subject to correction under Kan. Stat. Ann. § 79-1701 et seq.; there was no statutory vehicle to support assessments.
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