CLEMENCE v. CLEMENCE

No. 55,301

8 Kan. App. 2d 377 (1983)

658 P.2d 368

ROY ARTHUR CLEMENCE, Appellee, v. BONNIE J. CLEMENCE, Appellant.

Court of Appeals of Kansas.

Opinion filed February 17, 1983.


Attorney(s) appearing for the Case

Donald E. Lambdin, of Lambdin & Kluge, Chartered, of Abilene, for the appellant.

Max M. Hinkle, of Lehman, Guilfoyle & Hinkle, of Abilene, for the appellee.

EN BANC.


FOTH, C.J.:

The defendant, Bonnie L. Clemence, appeals an order of the district court denying her motion to disqualify the plaintiff's attorney. The plaintiff, Roy Arthur Clemence, has moved for dismissal of the appeal on the grounds that the order is interlocutory and therefore this court lacks jurisdiction.

The defendant contends the order is appealable under the "collateral order" doctrine first stated by the Supreme Court of the United States in Cohen...

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