Hutton v. Rainbow Tower Associates

The opinion of the court was delivered by

Kaul, J.:

This is an interlocutory appeal brought by defendant-appellant in a mortgage foreclosure action. The sole issue presented concerns the appointment of a receiver by the trial court on application of plaintiff-appellee at the time the foreclosure action was filed. The appeal is taken pursuant to the provisions of K.S.A. 60-1305. For convenience the appellant will be referred to as Rainbow or defendant and the appellee as Hutton or plaintiff.

At the outset it should be noted that prior to oral arguments in this court, plaintiff filed a motion to…