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GARCIA v. BALL

No. 108,817.

323 P.3d 872 (2014)

George Michael GARCIA, Appellant, v. Charles BALL, Appellee.

Court of Appeals of Kansas.

April 25, 2014.

Attorney(s) appearing for the Case

John A. Boyd , of Green, Finch & Covington, Chtd., of Ottawa, for appellant.

Bill L. Klapper , of Kansas City, for appellee.

Before BRUNS, P.J., PIERRON and LEBEN, JJ.

LEBEN, J.

George Garcia obtained a default judgment against his former attorney, Charles Ball, when Ball failed to file an answer to Garcia's lawsuit for more than 4 months. Ball then asked the district court to set aside the default judgment, claiming that his failure to answer the suit had been caused by excusable neglect. The district court granted that motion.

Garcia has appealed, contending that the district court abused its discretion because Ball didn...

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