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BANISTER v. CARNES

No. 55,538

9 Kan. App. 2d 133 (1983)

675 P.2d 906

OLETA BANISTER, Appellant, v. DR. JOHN C. CARNES, Appellee.

Court of Appeals of Kansas.

Opinion filed December 29, 1983.

Attorney(s) appearing for the Case

Ira Dennis Hawver, of Hawver & Irigonegaray, P.A., of Topeka, for the appellant.

Wayne T. Stratton, of Goodell, Stratton, Edmonds, Palmer & Wright, of Topeka, for the appellee.

Before FOTH, C.J.; TERRY L. BULLOCK, District Judge, Assigned; and FREDERICK WOLESLAGEL, District Judge, Retired, Assigned.

BULLOCK, J.:

On May 22, 1980, Dr. John C. Carnes, a dentist, filed suit in the Shawnee County small claims court against Oleta Banister for the recovery of $485.25 plus costs and interest, allegedly owed for professional services Dr. Carnes had provided to Mrs. Banister. Mrs. Banister was served with process and summoned to appear in small claims court.

At that same time Mrs. Banister was consulting with an attorney regarding a possible malpractice suit against...

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