Legal Opinion

Morton County Hospital v. Howell

Court of Appeals of Kansas

Decided October 30, 2015No. 112,768PublishedCited by 7 opinions

1Opinion of the Court

Arnold-Burger, J.:

A judgment, once entered, maybe vacated and reconsidered on the merits if the entity against which it has been entered is able to establish excusable neglect in not challenging the judgment. Donald L. Howell was served with a petition and summons to appear in a limited actions case being brought against him by Morton County Hospital for money he allegedly owed it. Howell appeared and admitted the allegations. A judgment was entered against him. Exactly 1 year later, Howell filed a motion to set aside the judgment claiming excusable neglect. Howell claimed his neglect was…

2Cases cited17 opinions

  1. Northern Natural Gas Co. v. ONEOK Field Services Co.Supreme Court of Kansas · 2013
  2. Sorbo v. United Parcel ServiceCourt of Appeals for the Tenth Circuit · 2005
  3. Wolfe Electric, Inc. v. DuckworthSupreme Court of Kansas · 2011
  4. Frazier v. GoudschaalSupreme Court of Kansas · 2013
  5. O'Brien v. Leegin Creative Leather Products, Inc.Supreme Court of Kansas · 2012

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3Cited by7 opinions

  1. Auto. Credit Corp. v. WalleyCourt of Appeals of Kansas · 2019
  2. Cox v. Cmty. State BankCourt of Appeals of Kansas · 2019
  3. FSST Financial Svcs. v. Native Payment Svcs.Court of Appeals of Kansas · 2020
  4. In re Marriage of MeierCourt of Appeals of Kansas · 2020
  5. State ex rel. Secretary, Department for Children and Families v. Estate of SandsCourt of Appeals of Kansas · 2020

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