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MIDLAND BANK OF OVERLAND PARK v. RIEKE

No. 68,613

18 Kan. App. 2d 830 (1993)

861 P.2d 129

MIDLAND BANK OF OVERLAND PARK, Appellee, v. LAWRENCE H. RIEKE and DANA ZARDA RIEKE, Appellants.

Court of Appeals of Kansas.

Opinion filed October 1, 1993.

Attorney(s) appearing for the Case

John Ivan and Jennifer L. Lewis, of Shawnee Mission, for the appellants.

Jo Ann Butaud and Richard A. Carnahan, of Evans & Mullinix, P.A., of Lenexa, and Ann DuRoss, assistant general counsel, Colleen B. Bombardier, senior counsel, and Michelle Kosse, counsel, Federal Deposit Insurance Corporation, of Washington, D.C., for the appellee.

Before PIERRON, P.J., BRAZIL, J., and JAMES J. SMITH, District Judge, assigned.

SMITH, J.:

Defendants, Lawrence and Dana Rieke, appeal from entry of a default decree of foreclosure against them and an order denying their motion to set aside the default judgment.

They allege they were entitled to notice of the default hearing under the provisions of K.S.A. 60-255(a) due to contacts they had with plaintiff and plaintiff's counsel during the pendency of the action and that the trial court abused its discretion by denying their motion to...

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