Legal Opinion

Fischer v. Roberge

Court of Appeals of Kansas

Decided August 19, 2005No. 93,132PublishedCited by 2 opinions

1Opinion of the Court

McAnany, J.:

Maxine Fischer appeals the district court’s dismissal of her lawsuit against Robert Roberge for lack of prosecution, as well as the court’s denial of Fischer’s motion to reinstate the case. Finding no abuse of discretion, we affirm.

This action arises out of an automobile accident on August 2, 1999, in which Fischer claims to have sustained personal injuries. The record discloses that a prior action against Roberge, assigned to Judge Foster, was dismissed without prejudice on July 25,2002.

The current action was filed on January 7, 2003. It apparently is the refiling of the earlier…

2Cases cited3 opinions

  1. Reed v. BennettCourt of Appeals for the Tenth Circuit · 2002
  2. Board of Lincoln County Comm'rs v. NielanderSupreme Court of Kansas · 2003
  3. Namelo v. BroylesCourt of Appeals of Kansas · 2004

3Cited by2 opinions

  1. In Re TothSupreme Court of Kansas · 2008
  2. In re Name Change of PetersonCourt of Appeals of Kansas · 2020

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