SUBWAY RESTAURANTS, INC. v. KESSLER

No. 87,389.

273 Kan. 969 (2002)

46 P.3d 1113

SUBWAY RESTAURANTS, INC., et al., Appellees, v. NANCY KESSLER and DANE BANKS, Defendants, and DAVID M. DUREE, Nonparty Appellant.

Supreme Court of Kansas.

Opinion filed May 31, 2002.


Attorney(s) appearing for the Case

David M. Duree, appellant, of O'Fallon, Illinois, argued the cause, and was on the briefs pro se.

Mark R. Kravitz, of Wiggin & Dana, of New Haven, Connecticut, argued the cause, and Stanley N. Wilkins, of Slagle, Bernard & Gorman, P.C., of Kansas City, Missouri, was with him on the brief for appellees.


The opinion of the court was delivered by

SIX, J.:

This case focuses on issues of timeliness and res judicata. The timely filing issue concerns K.S.A. 60-2103(a) (notice of appeal) and K.S.A. 60-260(b) (motions for relief from final judgment). Our resolution of the current contentions of David M. Duree, a nonparty appellant, adds a postscript to Subway Restaurants, Inc. v. Kessler, 266 Kan. 433, 970...

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