LEWIS v. R & K RANCH, L.L.C.

No. 98,989.

204 P.3d 642 (2009)

Larri L. LEWIS and Teresa Lewis, Appellants, v. R & K RANCH, L.L.C.; Dennis R. Roemer, individually; Kevin Zerr and Keith Zerr, d/b/a K & K Farms, a Partnership, Appellees.

Court of Appeals of Kansas.

April 3, 2009.


Attorney(s) appearing for the Case

Charles T. Engel and Jason E. Geier, of Engel & Geier, P.A., of Topeka, for appellants.

Donald F. Hoffman, of Dreiling, Bieker & Hoffman, L.L.P., of Hays, for appellees.

Before CAPLINGER, P.J., MALONE and LEBEN, JJ.


LEBEN, J.

This dispute over farm ground arrives at our court on appeal in an unusual procedural state—the trial was abbreviated when the district court granted judgment on a key issue in favor of the defendants after only the plaintiffs had presented evidence. On appeal, both sides have cited an incorrect legal standard that suggests we must view the evidence in the light most favorable to the plaintiffs because the trial wasn't finished. But K.S.A. 60-252...

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