Mitchell v. Miller

Pierron, J.:

Dwight Miller and Stateline Enterprises, Inc. (Stateline) appeal a judgment entered in favor of John D. Mitchell, M.D., for $176,104.42 based on enforcement of a promissory note. The appellants argue the district magistrate court erred in granting Mitchell’s request for leave to file a notice of appeal out of time, Mitchell’s action against Stateline was barred by K.S.A. 17-6807, and Stateline’s promise to pay was not supported by any consideration. We affirm.

The facts are for the most part undisputed. Miller is a certified public accountant. He became acquainted with Mitchell…