Binyon v. Nesseth

The opinion of the court was delivered by

Schroeder, C.J.:

This case is before the court on a Petition for Review of the Court of Appeals published opinion, Binyon v. Nesseth, 7 Kan. App. 2d 110, 638 P.2d 946 (1981).

Roy Nesseth (defendant-appellant) appealed a decision of the Sedgwick County District Court, rendering default judgment against him for $9,326.06 actual and $100,000.00 punitive damages for fraud on the lease of a 1976 Cadillac to plaintiffs. The default was imposed as a sanction pursuant to K.S.A. 60-237(b)(2) for failure to comply with court orders regarding discovery. The Court…