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| Alliance Mortg. Co. v. Pastine, No. 91,929,
SUPREME COURT OF KANSAS, June 16, 2006, Opinion Filed
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Overview: Second mortgagee was denied due process when first mortgagee foreclosed on property, and published notice of sale, but did not serve notice on second mortgagee or counsel under Kan. Stat. Ann. § 60-205 because second mortgagee appeared as party defendant in foreclosure proceedings.
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| Fid. Bank v. King, No. 92,410,
SUPREME COURT OF KANSAS, June 16, 2006, Opinion Filed
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Overview: A junior lienholder, which held a second mortgage, failed to appear in the first mortgage holder's foreclosure action, and it thereby failed to preserve its lienholder status and thus its priority entitlement to surplus proceeds from the property's sheriff's sale. Thus, property owners' successor in interest was entitled to the surplus.
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| Hayes Sight & Sound, Inc. v. ONEOK, Inc., No. 92,704,
SUPREME COURT OF KANSAS, June 16, 2006, Opinion Filed
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Overview: In negligence action defendants were entitled to a setoff of damages in the amount equal to that they paid to the businesses' insurers in settlement of their subrogation claims. Because the settlement extinguished the insurers' subrogation rights, the businesses no longer retained the right to recover damages for the benefit of the insurers.
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| Midwest Land Inv. Co., LLC v. Veach, No. 94,350,
COURT OF APPEALS OF KANSAS, June 16, 2006, Opinion Filed
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Overview: A district court properly upheld the validity of a participation agreement for the development of real estate and properly granted summary judgment to a company because the participation agreement did not lack consideration nor was there any evidence of mutual mistake as to the possibility of an auction of bankruptcy property.
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| PMA Group v. Trotter, No. 94,451,
SUPREME COURT OF KANSAS, June 16, 2006, Opinion Filed
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Overview: Where employee settled her claim against a coworker with coworker's auto insurer after being struck by coworker with his car on employer's premises, per Kan. Stat. Ann. § 44-504, the employer and its workers' compensation insurer were not entitled to subrogation of benefits paid to employee.
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| State v. Edwards, No. 94,268,
SUPREME COURT OF KANSAS, June 16, 2006, Opinion Filed
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Overview: An inmate's request for relief under Kan. Stat. Ann. § 22-3504(1) was properly denied by a trial court because a claim that sentences were multiplicitous in violation of the Fifth Amendment was not a claim that sentences were imposed by a court without jurisdiction as was necessary to come within the narrow definition of an illegal sentence.
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| State v. Pham, No. 90,848,
SUPREME COURT OF KANSAS, June 16, 2006, Opinion Filed
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Overview: Five of defendant's six convictions for aggravated robbery were multiplicitous in violation of the Fifth Amendment and Kan. Const. Bill Rights § 10 because only one person was relieved of items of property belonging to different persons. The mother was robbed of two pieces of jewelry belonging to her two daughters.
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