Gideon v. Bo-Mar Homes, Inc.

The opinion of the court was delivered by

Fatzer, J.:

The crux of this appeal is whether the district court abused its judicial discretion in denying the appellants’ motion for an order of dismissal of their action without prejudice pursuant to K. S. A. 60-241 (a) (2). The parties concede that if the supreme court concludes the district court abused its discretion in denying the appellants’ motion, it compounded its error by sustaining the appellees’ oral motions for summary judgment against the appellants.

The appellants, Glenn Gideon and Wilmetta Gideon, are referred to as plaintiffs. Bo-Mar…