ANDREA MACKEN,
Plaintiff,
vs. Case No. 01C 1617
EDWARD W. TROUP,
Defendant.
Plaintiff filed a Motion for Partial Summary Judgment on January 30, 2002. No response to the motion has been filed and the time for filing a response has expired. Therefore, this court deems the Motion for Partial Summary Judgment ready for ruling.
Petitioner alleges that she loaned defendant $54,000 in April of 2000. She also alleges that she has advanced the defendant an additional $96,000.
Motions for summary judgment are decided pursuant to K.S.A. 60-256, and will be granted if the pleadings, depositions, answers to interrogatories and admissions, together with any affidavits, show that there is no genuine issue as to any material facts and that the moving party is entitled to judgment as a matter of law. K.S.A. 60-256(c). The trial court is required to resolve all facts and inferences which may reasonably be drawn from the evidence in the light most favorable to the plaintiff. Bacon v. Mercy Hospital at Fort Scott, 243 Kan. 303, 306 (1988). The moving party must prove that there is no genuine issue as to material facts. If factual issues do exist, they must be material to the case to preclude summary judgment. To oppose a motion for summary judgment, a party must come forward with something of evidentiary value to establish a material dispute of fact. Glenn v. Fleming, 247 Kan. 296, 799 P. 2d 79 (1990).
1. Plaintiff has filed the instant action seeking damages in the amount of $150,000 as against the above defendant.
2. Defendant has admitted to owing the plaintiff the sum of $54,000.
Defendant filed no response to plaintiff's motion for partial summary judgment. Attached to plaintiff's motion for summary judgment was a copy of a document which plaintiff and defendant both signed acknowledging that defendant owes plaintiff $54,000. In addition, in his answer defendant Troup acknowledged that he signed "the receipt for $54,000." While defendant made allegations that $38,000 was used by plaintiff for phone calls and pages, he did not make any counterclaim against plaintiff. Therefore, since there are no genuine issues as to any material facts regarding defendant's debt to plaintiff in the amount of $54,000, the court grants plaintiff's motion for partial summary judgment.
Defendant, however, disputes the allegation regarding the alleged advancement of an additional $96,000. The court, therefore, sets this case for case management conference on May 2, 2002 at 9:00 a.m. in Division 14, Room 301, to set the discovery schedule on the remaining issue.
The above constitutes the court's ruling on Plaintiff's Motion for Summary Judgment and no further journal entry is required.
IT IS SO ORDERED.
Dated this day of March, 2002.
_______________________
Nancy Parrish
District Judge, Third Judicial District
Division Fourteen
I hereby certify that a copy of the above and foregoing MEMORANDUM DECISION AND ORDER was mailed this 18th day of March , 2002, to the following:
James G. Chappas
1610 SW Topeka Blvd.
Topeka, Kansas 66612
Edward W. Troup
2060 SW 36th Street
Topeka, Kansas 66611
____________________
Norma J. Dunnaway
Administrative Assistant