FIDELITY BANK v. KING

No. 92,410.

33 Kan.App. 2d 804 (2005)

109 P.3d 180

FIDELITY BANK, f/k/a FIDELITY SAVINGS ASSOCIATION OF KANSAS, FSB, Plaintiff, v. JAMES M. KING, et al., Defendants and U.S. BANK, N.A., Defendant/Appellant. RIVER CITY ENTERPRISES, L.L.C., Appellee.

Court of Appeals of Kansas.

Petition for review granted September 26, 2005.


Attorney(s) appearing for the Case

Bradley S. Anderson, of South & Associates, P.C., of Kansas City, Missouri, for the appellant U.S. Bank, N.A.

Karl R. Swartz and Kelly S. Herzik, of Morris, Laing, Evans, Brock & Kennedy, Chartered, of Wichita, for the appellee, River City Enterprises, LLC.

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


Petition for review granted 280 Kan. ___ (September 26, 2005).

PIERRON, J.:

This case involves sale proceeds remaining after a sheriff's sale and payment of a first mortgage judgment. U.S. Bank, N.A., (U.S. Bank) appeals the district court's decision to distribute the remaining proceeds to River City Enterprises, L.L.C., (River City) after payment of Fidelity Bank's first mortgage. U.S. Bank argues it should have received the proceeds as second mortgage holder...

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