Barnes v. Gideon

The opinion of the court was delivered by

HOLMES, J.:

This is an appeal by plaintiff-appellant from an order of the district court granting summary judgment on the grounds plaintiff’s action was not timely filed. The Court of Appeals in a two-to-one decision affirmed the trial court and we granted review of the decision of the Court of Appeals. (1 Kan. App. 2d 517, 571 P.2d 42, decided August 5, 1977.)

The essential facts are not in dispute.

Plaintiff filed an action for an accounting and recovery of damages alleging defendant breached his fiduciary duties when he served as guardian (conservator)…