Barney Ashner Homes, Inc. v. Farmers Bank & Trust, N.A.

GARY D. WITT, Judge.

Appellants appeal the final judgment of the Circuit Court of Jackson County dismissing their Amended Petition on the grounds that the trial court could not exercise its authority 1 due to the prior filing of identical claims in another case in Kansas and as a result the improper splitting of a cause of action. We affirm in part and reverse in part.

Factual Background

On December 14, 2009, Great Southern Bank filed suit in the District Court of Johnson County, Kansas against Waterford Glen, LLC (“Waterford”) seeking to foreclose on a mortgage, for breach of contract and other…