Legal Opinion · Dissent

Buchanan v. Overley

Court of Appeals of Kansas

Decided March 7, 2008No. 97,329Published

1DissentGreene, J.

I respectfully disagree with my colleagues in their conclusion that Douglas Buchanan faded to comply with the requirements of K.S.A. 60-1102 by not verifying his address sufficient for service of process.

Examining the hen statement itself, there is no question that the “address sufficient for service of process of the claimant” is present at least 21 times on the attachments referenced as Exhibit A and “made a part of [the hen] statement.” Jerry and Carol Overley concede as much but argue that Buchanan failed “to include his address on the face of the hen statement” and failed to verify the…

2Cases cited5 opinions

  1. Kopp's Rug Co. v. TalbotCourt of Appeals of Kansas · 1980
  2. J. Walters Construction Co. v. Greystone South Partnership, L.P.Court of Appeals of Kansas · 1991
  3. Trane Co. v. BakkalapuloSupreme Court of Kansas · 1983
  4. Kansas Lumber Co. v. Cheng-Yuan WangCourt of Appeals of Kansas · 1987
  5. Star Lumber & Supply Co. v. Capital Construction Co.Supreme Court of Kansas · 1986

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