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SUMNER v. LAW OFFICES OF JERRY BERG, P.A.

No. 71,103

20 Kan. App. 2d 572 (1995)

DOUGLAS M. SUMNER d/b/a PHOENIX COMPUTER SERVICES, Appellant, v. LAW OFFICES OF JERRY L. BERG, P.A., Appellee.

Court of Appeals of Kansas.

Opinion filed February 24, 1995.

Attorney(s) appearing for the Case

Martin D. Geeding, of Geeding Law Offices, of Wichita, for appellant.

No appearance by appellee.

Before ELLIOTT, P.J., ROYSE, J., and JOHN J. BUKATY, JR., District Judge, assigned.

BUKATY, J.:

Plaintiff, Douglas M. Sumner d/b/a Phoenix Computer Services, appeals the trial court's dismissal with prejudice of this action. The sole issue presented is whether the trial court erred in dismissing the action pursuant to K.S.A. 60-241(a)(1). Sumner contends the "two dismissal rule" contained in that statute is not applicable to the facts here. We agree and accordingly reverse the trial court's dismissal.

The facts essential to the issue on appeal...

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