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PORTER v. WELLS FARGO BANK, N.A.

No. 103,323.

257 P.3d 788 (2011)

45 Kan. App. 2d 931

William S. PORTER and Burger O'Rourke, Inc., d/b/a Servpro of Bartlesville/Miami, Appellees, v. WELLS FARGO BANK, N.A., Appellant.

Court of Appeals of Kansas.

May 20, 2011.

Attorney(s) appearing for the Case

Carrie E. Josserand , of Lathrop & Gage LLP, of Overland Park, and Amy E. Morgan , of Polsinelli Shughart PC, of Overland Park, for appellant.

Jeffery A. Chubb , of Emert, Chubb, & Gettler, of Independence, for appellee Burger O'Rourke, Inc., d/b/a/ Servpro, and William J. Fitzpatrick, of Fitzpatrick & Bass, of Independence, for appellee William S. Porter.

Before GREENE, C.J., PIERRON and ARNOLD-BURGER, JJ.

GREENE, C.J.

Wells Fargo Bank, N.A., appeals the district court's denial of its motion to set aside a default judgment for actual and punitive damages in favor of William S. Porter and Burger O'Rourke, Inc., d/b/a Servpro of Bartlesville/Miami (Servpro), arguing service of process was defective, notice of the default judgment was not effected as required by K.S.A. 60-254(c), and the award of punitive damages was improper. Concluding that service of process was never...

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