Bank IV Wichita, National Ass'n v. Plein

The opinion of the court was delivered by

Six, J.:

This case involves a divorce judgment lien and the effect of a mortgage foreclosure action on the lien. We address three issues in resolving the dispute: (1) whether a deferred lien on real estate awarded in a divorce action is a judgment subject to the K.S.A. 1991 Supp. 60-2403(a) five-year dormancy statute; (2) if so, whether the dormancy statute was tolled under the facts of the case at bar; and (3) whether there has been acquiescence in the trial court’s judgment which effected a waiver of the appellant’s right to appeal.

Bank IV Wichita,…