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PIEREN-ABBOTT v. KANSAS DEPT. OF REVENUE

Nos. 90,165, 90,530, 90,531.

279 Kan. 83 (2005)

CAROLYN PIEREN-ABBOTT, Appellant, v. KANSAS DEPARTMENT OF REVENUE, DIVISION OF MOTOR VEHICLES, Appellee. MICHAEL K. DAY Appellant, v. KANSAS DEPARTMENT OF REVENUE, DIVISION OF MOTOR VEHICLES, Appellee. TONY D. EARLYWINE, Appellant, v. KANSAS DEPARTMENT OF REVENUE, DIVISION OF MOTOR VEHICLES, Appellee.

Supreme Court of Kansas.

Opinion filed February 18, 2005.

Attorney(s) appearing for the Case

Roger L. Falk, of Roger L. Falk and Associates, P.A., of Wichita, argued the cause, and Christopher Hughes, of the same firm, was with him on the brief for appellant Carolyn Pieren-Abbott.

Troy V. Huser, of Huser Law Offices, P.A., of Manhattan, was on the brief for appellants Michael K. Day and Tony D. Earlywine.

J. Brian Cox, of Legal Services Bureau, Kansas Department of Revenue, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

LARSON, S.J.:

In these three appeals, we must decide if a licensee desiring to appeal to the district court from the administrative suspension of his or her driver's license must serve the Secretary of Revenue with a summons as is specifically required by K.S.A. 8-1020(o).

This issue raises the larger and overriding question of the applicability of the Code of Civil...

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