COHEN v. BATTAGLIA

No. 99,793.

293 P.3d 752 (2013)

Barton J. COHEN, as Trustee of the Barton J. Cohen Revocable Trust, and A. Baron Cass, III, as Trustee of the A. Baron Cass Family Trust, u/t/a dated March 22, 1989, as amended, Appellants, v. Marion BATTAGLIA, Appellee.

Supreme Court of Kansas.

February 8, 2013.


Attorney(s) appearing for the Case

R. Pete Smith , of McDowell, Rice, Smith & Buchanan, P.C., of Kansas City, Missouri, argued the cause, and Alleen Castellani VanBebber , of the same firm, was with him on the briefs for appellants.

E. Ann Wright , of The Accurso Law Firm, of Kansas City, Missouri, argued the cause, and Louis C. Accurso , of the same firm, was with her on the briefs for appellee.


The opinion of the court was delivered by NUSS, C.J.:

The trial court dismissed the claims of two trustees alleging Marion Battaglia tortiously interfered with their existing contracts and prospective business relationships. A Court of Appeals panel affirmed the dismissal but on a different ground. We granted review and now reverse because the panel inappropriately resolved factual issues on a dispositive motion. We therefore remand to the trial court for additional...

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