Botkin v. Security State Bank

The opinion of the court was delivered by

Nuss, J.:

This case requires us to determine whether certain written guaranties are enforceable. After Security State Bank’s borrower, Botkin, LLC, defaulted on its loan obligations, David Botkin and 33 others filed a declaratory judgment action to determine whether their signed guaranty agreements were enforceable under the statute of frauds, K.S.A. 33-106. The Bank filed a counterclaim seeking to enforce the guaranties. The district court granted the guarantors’ motion for summary judgment, and the Court of Appeals reversed and remanded in Botkin v.…