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MITCHELL v. MILLER

No. 83,493.

27 Kan. App.2d 666 (2000)

8 P.3d 26

JOHN D. MITCHELL, M.D., Appellee, v. DWIGHT MILLER and STATELINE ENTERPRISES, INC., Appellants.

Court of Appeals of Kansas.

Opinion filed June 16, 2000.

Attorney(s) appearing for the Case

Donald E. Bucher, of Gould, Thompson & Bucher, A. Professional Corporation, of Kansas City, Missouri, for the appellants.

Richard T. Merker and James L. MowBray, of Wallace, Saunders, Austin, Brown & Enochs, Chartered, of Overland Park, for the appellee.

Before PIERRON, P.J., GERNON, J., and RICHARD M. SMITH, District Judge, assigned.

PIERRON, J.:

Dwight Miller and Stateline Enterprises, Inc. (Stateline) appeal a judgment entered in favor of John D. Mitchell, M.D., for $176,104.42 based on enforcement of a promissory note. The appellants argue the district magistrate court erred in granting Mitchell's request for leave to file a notice of appeal out of time, Mitchell's action against Stateline was barred by K.S.A. 17-6807, and Stateline's promise to pay was not supported by any consideration. We...

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