Subway Restaurants, Inc. v. Kessler

The opinion of the court was delivered by

Six, J.:

This case focuses on issues of timeliness and res judicata. The timely filing issue concerns K.S.A. 60-2103(a) (notice of appeal) and K.S.A. 60-260(b) (motions for relief from final judgment). Our resolution of the current contentions of David M. Duree, a nonparty appellant, adds a postscript to Subway Restaurants, Inc. v. Kessler, 266 Kan. 433, 970 P.2d 526 (1998), cert. denied 526 U.S. 1112 (1999) (Subway I).

*970In the course of previous civil litigation in which Duree, a Missouri attorney, acted as counsel in Kansas pro hac vice, a sanction for…