Marinhagen v. Boster, Inc.

Bukaty, J.:

Plaintiffs Everett Marinhagen and Shirley Marinhagen appeal from the summary judgment entered against them and in favor of defendants Boster, Inc., Charles D. Boster, and Nita Boster.

We first consider the issue of whether plaintiffs filed the appeal out of time, thus depriving us of jurisdiction.

On March 12, 1991, the summary judgment order from which this appeal is taken was entered and served on counsel by mail in compliance with K.S.A. 60-258 and Rule 134 (1991 Kan. Ct. R. Annot. 112). The Marinhagens’ notice of appeal was filed more than 30 calendar days thereafter, on May 30,…