Legal Opinion

Ast v. Mesker

Court of Appeals of Kansas

Decided December 23, 2020No. 122556Published

1Opinion of the Court

No. 122,556 IN THE COURT OF APPEALS OF THE STATE OF KANSAS CORTNEY AST and JESSICA HOAG, Appellants, v. MYLEENA A. MESKER, Appellee. SYLLABUS BY THE COURT 1. A statute of limitations extinguishes the right to prosecute a cause of action after a specified period of time and it cuts off the remedy. Consequently, if an action is filed after the applicable statute of limitations has run and this affirmative defense is asserted, dismissal is appropriate. 2. K.S.A. 58a-604(a) sets forth the statute of limitations for actions contesting the validity of a trust that was revocable at the time of the…

2Cases cited12 opinions

  1. Harding v. K.C. Wall Products, Inc.Supreme Court of Kansas · 1992
  2. Nauheim v. City of TopekaSupreme Court of Kansas · 2019
  3. Szoboszlay v. GlessnerSupreme Court of Kansas · 1983
  4. Axe v. WilsonSupreme Court of Kansas · 1939
  5. Maxwell v. SOUTHWEST NAT. BANK, WICHITA, KAN.District Court, D. Kansas · 1984

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