Legal Opinion
CHOWNING, INC. v. Dupree
Court of Appeals of Kansas
Decided April 24, 1981No. 52,380PublishedCited by 6 opinions
1Opinion of the Court
Foth, C.J.:
Defendant appeals from an order setting aside a judgment which had dismissed the case for lack of prosecution. Although the order appealed from is interlocutory in nature, we conclude it is appealable under the “jurisdictional exception” of Brown v. Fitzpatrick, 224 Kan. 636, 585 P.2d 987 (1978).
Although not given a statutory label by the trial court, the factual basis on which relief was granted is undisputed. On February 8, 1979, the clerk sent counsel a “Notice of Dismissal,” advising the parties that unless good cause could be shown the case would be dismissed for lack of…
2Cases cited12 opinions
- Ackermann v. United StatesSupreme Court of the United States · 1950
- Klapprott v. United StatesSupreme Court of the United States · 1949
- Sophie Radack and Charles Radack v. Norwegian America Line Agency, Inc., and Den Norske Amerikalinje, A/sCourt of Appeals for the Second Circuit · 1963
- L. P. Steuart, Inc. v. Joseph H. MatthewsCourt of Appeals for the D.C. Circuit · 1964
- Expeditions Unlimited Aquatic Enterprises, Inc. v. Smithsonian InstituteCourt of Appeals for the D.C. Circuit · 1974
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3Cited by6 opinions
- Wiechman v. HuddlestonSupreme Court of Kansas · 2016
- Park v. StrickArizona Supreme Court · 1983
- Brent v. Board of Trustees of Davis & Elkins CollegeWest Virginia Supreme Court · 1983
- Oehme v. OehmeCourt of Appeals of Kansas · 1984
- In Re the Marriage of HuntCourt of Appeals of Kansas · 1985
1 more not listed; retrieve them via the Exa API.