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FIRST NAT. BANK OF OMAHA v. CENTENNIAL PARK

No. 108,315.

303 P.3d 705 (2013)

48 Kan.App. 2d 714

FIRST NATIONAL BANK OF OMAHA, as successor by merger to First National Bank of Kansas, Appellee, v. CENTENNIAL PARK, LLC, et al. (Centennial Park, LLC, Bradley D. Vince, Richard H. Sailors), Appellants.

Court of Appeals of Kansas.

March 22, 2013.

Attorney(s) appearing for the Case

Paul D. Sinclair , Brendan L. McPherson , and Miriam E.C. Bailey , of Polsinelli Shughart PC, of Kansas City, Missouri, for appellants Centennial Park LLC and Bradley Vince.

R. Douglas Gentile and Jeffrey D. Rowe , of Douthit Frets Rouse Gentile & Rhodes, LLC, of Kansas City, Missouri, for appellant Richard H. Sailors.

Jennifer K. Vath , of SNR Denton U.S. LLP, of Kansas City, Missouri, for appellee.

Before ARNOLD-BURGER, P.J., GREEN, J., and HEBERT, S.J.

GREEN, J.

On appeal, the defendants, Centennial Park, LLC, Bradley D. Vince, and Richard H. Sailors, challenge the trial court's summary judgment granted in favor of First National Bank of Omaha as successor by merger to First National Bank of Kansas (FNB). Specifically, the defendants raise four arguments on appeal: (1) that equitable principles should have prevented FNB from accelerating the defendants' loan debt obligation...

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