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FUSARO v. FIRST FAMILY MTG. CORP.

No. 67,304

17 Kan. App. 2d 730 (1992)

843 P.2d 737

MARION J. FUSARO, Appellant, v. FIRST FAMILY MORTGAGE CORPORATION, INC.; AMERICAS MORTGAGE SERVICING, INC.; LITTLE & COMPANY; CLARENCE N. ARTZER; and CLARENCE G. ARTZER, Appellees.

Court of Appeals of Kansas.

Opinion filed December 18, 1992.

Attorney(s) appearing for the Case

Robert E. Hiatt, Eugene W. Hiatt, and John M. Cassidy, of Hiatt & Hiatt, Chtd., of Topeka, for appellant.

Gerald L. Goodell and N. Larry Bork, of Goodell, Stratton, Edmonds & Palmer, of Topeka, for appellee Americas Mortgage Servicing, Inc.

Steven K. Johnson, of Fisher, Patterson, Sayler & Smith, of Topeka, and David J. Holdsworth, of Romney & Condie, of Salt Lake City, for appellees Little & Company, Clarence N. Artzer, and Clarence G. Artzer.

Before BRISCOE, C.J., PIERRON, J., and M. KAY ROYSE, District Judge, assigned.

PIERRON, J.:

This court has accepted plaintiff Marion J. Fusaro's interlocutory appeal to determine what standards a trial court should apply when considering a motion to amend a pleading to request punitive damages pursuant to K.S.A. 1991 Supp. 60-3701, K.S.A. 1991 Supp. 60-3702, and K.S.A. 1991 Supp. 60-3703.

The following uncontroverted facts were adopted by the trial court in its letter opinion dated August 14, 1991:

In November 1989, defendant...

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