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JOHNSON v. MEHTA

No. 80,792.

266 Kan. 1060 (1999)

974 P.2d 597

SIDNEY C. JOHNSON, SR., Appellant, v. PRAVEEN S. MEHTA, M.D., and ST. JOSEPH HOSPITAL, CLOUD COUNTY HEALTH CENTER, INC., Appellees.

Supreme Court of Kansas.

Opinion filed March 5, 1999.

Attorney(s) appearing for the Case

Steven L. Hornbaker, of Harper, Hornbaker, Altenhofen & Opat, Chartered, of Junction City, argued the cause and was on the brief for appellant.

Susan J. Early, of Blackwell, Sanders, Matheny, Weary & Lombardi, L.L.P., of Overland Park, argued the cause, and Kristopher A. Kuehn, of the same firm, was with her on the brief for appellee St. Joseph Hospital, Cloud County Health Center, Inc.

Anne M. Kindling, of Goodell, Stratton, Edmonds & Palmer, L.L.P., of Topeka, argued the cause, and Wayne T. Stratton, of the same firm, was with her on the brief for appellee Praveen S. Mehta.

The opinion of the court was delivered by

SIX, J.:

This case involves the propriety of a district court order requiring the payment of a deposit for costs for a K.S.A. 65-4901 medical malpractice screening panel. Sidney C. Johnson appeals the order dismissing the screening panel because he failed to either prepay $625 as a costs deposit or file an affidavit of indigence or hardship. Our jurisdiction is under K.S.A. 20-3018(c) (a transfer from the Court of...

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