TOPEKA, Kan. (WIBW) - The Kansas Court of Appeals will hear a case regarding oil royalties among others on its Aug. 10 docket.
The Kansas Court of Appeals says it will hear appeals via videoconference on Monday, Aug. 10, which will be livestreamed on YouTube.
The Court says Judge Stephen Hill will be the presiding judge and he will be joined by Judge Thomas Malone and Senior Judge Richard Walker.
The Kansas Court of Appeals says it will hear Appeal No. 120,054: Denise Ann Roenne, Jeanette Marie Miller, Mark Benton Miller and Justin Miller v. Lawrence Bradley Miller and Amy Starr Miller, a Rooks County case where actions involve a testamentary trust that held royalty interests in certain oil leases. The Court says beneficiaries of the trust were five siblings, the parties to the suit. It says the defendant, Brad Miller, was also named the trustee. The Court says the four plaintiffs sued Brad and his wife after learning he had conveyed all the trust assets to himself. It says the district court ruled Brad did not breach his fiduciary duties as trustee because the trust gave him absolute discretion of the trust. It says the plaintiffs appeal from that judgment.
The Court says it will hear Appeal No. 121,012: In the Matter of the Marriage of Nancy B. Poggi and Joseph T. Poggi, a Sedgwick County case that says after granting the couple a divorce, the district court entered orders related to the division of property, child support and spousal maintenance. The Court says on appeal, Joseph argues the district court made insufficient written findings to support the amount of child support awarded and its decision to award retroactive child support. The Court says Nancy cross-appeals arguing the court erred by granting Joseph’s motion to alter or amend the judgment in which he requested credit for direct expenses she says was not requested at trial. Nancy also argues the district court erred by granting Joseph’s motion to modify spousal maintenance and child support amounts, she says there was insufficient evidence to support the modification.
The Kansas Court of Appeals says it will hear Appeal No. 121,842: James T. Krause and Patricia Ann Vanlear v. James M. Kerns and Christine C. Kerns, a Johnson County case where Krause and Vanlear entered into a contract to purchase a home from the Kernses. The Court says as part of the contract, the Kernses provided a disclosure that purported to list any problems, or lack thereof, with the home. It says Krause and Vanlear sued the Kernses alleging them of failing to disclose or misrepresent various issues with the home. It says the parties settled the case and the Kernses assigned their rights under their homeowner insurance policy to Krause and Vanlear. It says Krause and Vanlear attempted to garnish the insurance company based on the judgment that resulted from the settlement. It says the insurance company, American Automobile Insurance Co., moved for summary judgment arguing there was no coverage for the Kernses’ misrepresentations or commissions. It says the district court agreed and granted the insurance company’s motion for summary judgment. It says Krause and Vanlear appeal the order granting summary judgment.
For more information on the Court of Appeals’ Aug. 10 docket visit the Kansas Court website.
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