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SMITH v. ALMONTE

No. 89,844

32 Kan.App. 2d 224 (2003)

81 P.3d 457

LINDA G. SMITH, Appellee, v. RODOLFO O. ALMONTE, M.D., Appellant.

Court of Appeals of Kansas

Opinion filed: December 24, 2003.

Attorney(s) appearing for the Case

Stephen L. Brave, of Klenda, Mitchell, Austerman & Zuercher, L.L.C., of Wichita, for appellant.

Craig Shultz, of Law Office of Craig Schultz, P.A., of Wichita, for appellee.

Before RULON, C.J., GREEN, J., and STEPHEN D. HILL, District Judge, assigned.

HILL, J.:

This appeal is from the trial court's granting of Linda Smith's motion requiring the Health Care Stabilization Fund (Fund), see K.S.A. 40-3401 et seq., within the same fiscal year to make a second installment payment of $300,000 on an outstanding medical malpractice judgment. We reverse.

The issue before us is whether the trial court erred when it determined that K.S.A. 40-3403(d) requires the Fund to pay a second installment of $300,000 on...

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