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HINDS v. ESTATE OF HUSTON

No. 89,177

31 Kan.App. 2d 478 (2003)

66 P.3d 925

STACY E. HINDS, Appellant, v. THE ESTATE OF GENEVA HUSTON, Appellee.

Court of Appeals of Kansas

Opinion filed April 18, 2003.

Attorney(s) appearing for the Case

Edward E. Moore, William E. Niffen, II, and Allan Coon, of Norton, Hubbard, Ruzicka & Kreamer, LC, of Olathe, for appellant.

Jason J. Fletes and Mark Beam-Ward, of Hill, Beam-Ward & Kruse, LLC, of Overland Park, for appellee.

Before GREEN, P.J., JOHNSON, J., and BRAZIL, S.J.

GREEN, J.:

In this personal injury action, the defendant, the estate of Geneva Huston (estate), maintained that the action was barred by the applicable 2-year statute of limitations. The trial court agreed and granted the estate's motion to dismiss. On appeal, the plaintiff, Stacy E. Hinds, contends that his amended petition to correctly name the defendant was "within the period provided by law for commencing the action against" the defendant, so that his amended...

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