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Court of Appeals, Western District

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Real Property: Quiet Title-Slander of Title-Statute of Limitations

Where a mortgage company challenged a judgment quieting title to a homeowner, arguing that her quiet title and slander of title claims were barred by the applicable statutes of limitation, the resolution of the timely declaratory-relief claims controlled the resolution ...

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Domestic Relations: Divorce-Equitable Distribution-Equalization Payment

Plaintiff appealed from the judgment dissolving his marriage to defendant, specifically the portion of the equitable-distribution order that directed plaintiff to pay a cash-equalization payment to defendant. Plaintiff argued that the payment represented half the value of his retirement account, ...

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Criminal Law: Post-Conviction Relief-Timeliness-Failure to Appoint Counsel

Defendant filed a pro se motion for post-conviction relief, which included an in forma pauperis affidavit claiming indigence due to incarceration. Defendant requested appointment of counsel, but none was appointed. The trial court denied the motion as untimely. Where the ...

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Criminal Law: Credit for Time Served-Subject Matter Jurisdiction-Failure to Exhaust Administrative Remedies

Petitioner petitioned for declaratory judgment, claiming he was entitled to six years of additional jail credits towards his sentences. The trial court dismissed the petition for lack of subject matter jurisdiction, concurring the department that petitioner had failed to exhaust ...

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Criminal Law: Assault-Discussion of Uncharged Statute-Jury Instructions

Defendant appealed his conviction for third-degree assault, arguing that the trial court improperly allowed the prosecutor, during closing argument, to read a statute addressing the offense of resisting arrest and to read appellate cases discussing the physical force required to ...

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Administrative: Certificates of Convenience and Necessity-Statutory Authority-Validity of Rule

Kansas City Power & Light Company appealed an order of rulemaking issues by the Public Service Commission. The PSC adopted a new rule relating to certificates of convenience and necessity. On appeal, the company argued that the rule exceeded the ...

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Negligence: Negligent Entrustment-Control

Where parents whose daughter was killed in an auto accident sued the mother of the allegedly negligent driver of the vehicle in which the daughter was a passenger, arguing that the mother negligently entrusted the vehicle to her son although ...

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Insurance: Time Of Tender-Potential For Coverage-Duty To Defend

Where an insurer challenged the grant of summary judgment to respondent insurers on claims for attorney’s fees and defense costs for insurer’s defense of respondents’ insured in an underlying dispute involving easements, the judgment is affirmed because there was no ...

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Domestic Relations: Child Custody-Sole Custody

Where a father challenged the denial of his motion to modify child custody and granting in part the mother’s motion, granting her sole legal custody of their daughter, the judgment is affirmed because the trial court properly considered and weighed ...

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