Midland Bank v. Rieke

Smith, J.:

Defendants, Lawrence and Dana Rieke, appeal from entry of a default decree of foreclosure against them and an order denying their motion to set aside the default judgment.

They allege they were entitled to notice of the default hearing under the provisions of K.S.A. 60-255(a) due to contacts they had with plaintiff and plaintiff’s counsel during the pendency of the action and that the trial court abused its discretion by denying their motion to set aside the default judgment under K.S.A. 60-260. We affirm.

On March 1, 1991, Lawrence and Dana Rieke executed a promissory note with…