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WELLSVILLE BANK v. SUTTERBY

No. 60,761

12 Kan. App. 2d 585 (1988)

752 P.2d 700

THE WELLSVILLE BANK, Appellee, v. STEVEN SUTTERBY and ANN SUTTERBY, Appellants, v. RICHARD MOHERMAN, Third-Party Defendant-Appellee.

Court of Appeals of Kansas.

Opinion filed March 24, 1988.

Attorney(s) appearing for the Case

Elizabeth A. Carson, of Carson & Fields, of Overland Park, for the appellants.

John L. Richeson, of Anderson, Byrd & Richeson, of Ottawa, for the appellees.

Leo L. Logan, of Boddington & Brown, of Kansas City, amicus curiae for Skoog and Latimer, P.A., Richard O. Skoog, and R. Michael Latimer.

Before SIX, P.J., BRISCOE and BRAZIL, JJ.

SIX, J.:

Appellants Steve and Ann Sutterby appeal the district court's grant of summary judgment against them in their action for abuse of process and wrongful execution against appellees, The Wellsville Bank (Bank) and its president, Richard Moherman. The issues are whether the trial court erred (1) in concluding that judgment entered against the Sutterbys was voidable only, (2) in granting the Bank and Moherman summary judgment on the Sutterbys' abuse of process...

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