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A & S RENTAL SOLUTIONS, INC. v. KOPET

No. 89,863

31 Kan.App. 2d 979 (2003)

76 P.3d 1057

A & S RENTAL SOLUTIONS, INC., Appellant, v. TERANCE KOPET, JODIE KOPET, GEORGE LIEN, and JULIE McENANEY, Appellees.

Court of Appeals of Kansas

Opinion filed September 19, 2003.

Attorney(s) appearing for the Case

Timothy D. Hamilton, of Timothy D. Hamilton, P.A., of Kansas City, for appellant.

No appearance by appellees.

Before MALONE, P.J., PIERRON and GREEN, JJ.

MALONE, J.:

A & S Rental Solutions, Inc. (A & S) appeals the district court's imposition of a civil penalty under K.S.A. 2002 Supp. 58-2550(c) for wrongfully withholding a security deposit. We find the court erred by imposing the penalty and reverse.

George Lien and Julie McEnaney entered into a lease agreement with A & S to rent property located at 2409 Brushcreek in Lawrence, Kansas, from September 27, 2001, to May 31, 2002. Lien and McEnaney...

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