Caplinger v. Carter

Flood, J.:

This is an appeal from the trial court’s failure to rule on plaintiffs’ (James Caplinger, Sr., and James Caplinger, Jr.) motion to dismiss and the granting of a motion for summary judgment in favor of all defendants.

When summary judgment is challenged on appeal, we must read the record in the light most favorable to the party who defended against the motion. McAlister v. Atlantic Richfield Co., 233 Kan. 252, Syl. ¶ 4, 662 P.2d 1203 (1983). With this in mind, we recite only those facts most favorable to the plaintiffs, as drawn from defendants’ uncontroverted statement of facts in…