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BACK-WENZEL v. WILLIAMS

No. 90,701.

32 Kan.App. 2d 632 (2004)

87 P.3d 318

DEBRA BACK-WENZEL, Appellant, v. LOUIS WILLIAMS, Appellee.

Court of Appeals of Kansas.

Opinion filed March 26, 2004.

Attorney(s) appearing for the Case

Richard C. Morgan, of Morgan Law Offices, of Newton, for appellant.

Lyndon W. Vix, of Fleeson, Gooing, Coulson & Kitch, L.L.C., of Wichita, for appellee.

Before GREENE, P.J., ELLIOTT, J., and KNUDSON, S.J.

KNUDSON, J.:

Plaintiff Debra Back-Wenzel brought suit against defendant Louis Williams not realizing he had died at an earlier date. After the 2-year statute of limitations had run, plaintiff sought to substitute the special administrator of the decedent's estate as defendant. The district court denied plaintiff's motion for substitution and granted the defendant's motion to dismiss without prejudice. In explaining...

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