MANGIARACINA v. GUTIERREZ

No. 59,304

11 Kan. App. 2d 594 (1986)

730 P.2d 1109

JOSEPH MANGIARACINA, Appellee, v. ANGELO L. GUTIERREZ and LINDA L. GUTIERREZ, Appellants.

Court of Appeals of Kansas.

Opinion filed December 31, 1986.


Attorney(s) appearing for the Case

Charles R. Wilson, of Overland Park, for the appellants.

Jack L. Miller, or Olathe, for the appellee.

Before ABBOTT, C.J., HARRY G. MILLER, District Judge Retired, assigned, and JAMES J. NOONE, District Judge Retired, assigned.


ABBOTT, C.J.:

The trial court granted summary judgment to the plaintiff, Joseph Mangiaracina. The defendants, Angelo Gutierrez and Linda Gutierrez, filed a motion for relief of judgment pursuant to K.S.A. 60-260(b) which was denied.

The defendants argue that the trial court erred in denying their motion for relief from judgment because the underlying summary judgment was void. Defendants contend the summary judgment was void because they were not given a notice...

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