Legal Opinion

Christiansen v. Silverbrand

Court of Appeals of Kansas

Decided September 3, 2021No. 122928Published

1Opinion of the Court

No. 122,928 IN THE COURT OF APPEALS OF THE STATE OF KANSAS ANITA CHRISTIANSEN, Appellant, v. HOWARD SILVERBRAND, Individually and as Trustee of the HOWARD SILVERBRAND LIVING TRUST, and LISA FAITH SILVERBRAND, Individually and as Trustee of the HOWARD SILVERBRAND LIVING TRUST, Appellees. SYLLABUS BY THE COURT 1. We review a district court's decision to strike what it deems to be a contradictory affidavit for an abuse of discretion. 2. A party may not avoid summary judgment by presenting an affidavit that contradicts prior sworn deposition testimony. This has been called the "sham affidavit…

2Cases cited29 opinions

  1. Jacobellis v. OhioSupreme Court of the United States · 1964
  2. Perma Research and Development Company v. The Singer CompanyCourt of Appeals for the Second Circuit · 1969
  3. Kennett-Murray Corporation v. John E. BoneCourt of Appeals for the Fifth Circuit · 1980
  4. Dustin James v. Deborah HaleCourt of Appeals for the Seventh Circuit · 2020
  5. Whitaker v. ColemanCourt of Appeals for the Fifth Circuit · 1940

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