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eBook details

• Title: Frost v. Hardin
• Author : Supreme Court of Kansas
• Release Date : January 13, 1975
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 51 KB

Description

The opinion of the court was delivered by The appellant, Natalie Frost, appeals from an order of the district court refusing to reinstate her cause of action filed against Creighton A. Hardin, M.D., appellee herein. The malpractice action was filed September 7, 1971. Appellee filed answer on October 5, 1971. Nothing further was done by appellant for over a year. On October 20, 1972, the district court on its own motion directed the clerk to notify counsel of record that an order of dismissal for lack of prosecution would be entered on November 13, 1972, unless cause was shown. The case was included in a list, along with approximately 300 other cases appearing on the docket in which no action had been taken by the parties for over one year. These cases were listed and identified by the case number, the name of the case and the names of the attorneys who represented both the plaintiffs and the defendants. A deputy clerk in the office of the clerk of the district court complied with the order. She prepared, executed and filed an affidavit of mailing of the notice which stated: . . . [T]hat on October 20, 1972, I mailed a copy of the attached notice and list of cases, addressed to each attorney named on said list at his office address, and that * none of said notices were subsequently returned by the post office.

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