Opinion
No. 107,340.
2013-08-29
Jon FREDERES and Laura Frederes, Appellees, v. Lori McGREGOR, Appellant.
Appeal from Johnson District Court; James F. Vano and David W. Hauber, Judges. Lori McGregor, appellant pro se. Kathryn M. O'Shea, of Hasty & Associates, LLC, of Overland Park, for appellees.
Appeal from Johnson District Court; James F. Vano and David W. Hauber, Judges.
Lori McGregor, appellant pro se. Kathryn M. O'Shea, of Hasty & Associates, LLC, of Overland Park, for appellees.
Before BUSER, P.J., ATCHESON, J., and BUKATY, S.J.
MEMORANDUM OPINION
PER CURIAM.
This is a landlord/tenant dispute. The property owners, Jon and Laura Frederes, filed this eviction action and other claims in Johnson County District Court. In response, Lori McGregor generally denied the claims in the Frederes' petition and filed a counterclaim raising numerous allegations and seeking damages against the Frederes. After about 20 months of litigation, the district court ruled for the Frederes and ordered McGregor to pay back rent. We affirm under Supreme Court Rule 7.042(b)(2), (3), (5), and (6) (2012 Kan. Ct. R. Annot. 63).
McGregor appeals from the district court's adverse judgment and, in particular, from three rulings entered by the district court. The first ruling was entered by Judge James Vano who filed his 9 page memorandum decision on October 21, 2010. Judge Vano ruled that McGregor's Motion for Recusal of Judge David W. Hauber and affidavit in support was not “legally sufficient to require the case be assigned to another Judge pursuant to K.S.A. 20–311d.”
The second ruling was entered by Judge Hauber who filed his 22 page order on November 1, 2011. Judge Hauber ordered that the Frederes' Motion for Partial Summary Judgment was granted in part and denied in part. In particular, Judge Hauber granted summary judgment to the Frederes on McGregor's
“tort claims, claims brought under the Kansas Consumer Protection Act, claims asserted under the Implied Warranty of Habitability, claims for damages arising out of veterinary services, violations of the Olathe Municipal Housing Code, eviction codes, violations of the Kansas Lease Purchase Agreement Act, violation of the Assistive Devices for Major Life Activities, and violations of K .S.A. 61–3801 through K.S.A. 61–3808.”
Judge Hauber, however, denied summary judgment on the remainder of the Frederers' claims.
A 1–day bench trial on the remaining claims was held on November 3, 2011. Judge Hauber filed his 12–page order on November 8, 2011. Judge Hauber entered judgment for the Frederes and ordered that McGregor pay accrued rent of $11,950, less an offset of $1,300 for a retained security deposit, for a net judgment of $10,650.
Having independently reviewed the record on appeal, the three thoroughly written rulings issued by the district court, and the parties' appellate briefs, we hold: The case is affirmed pursuant to Supreme Court Rule 7.042(b)(2), (3), (5), and (6) because no reversible error of law appears and the appeal is without merit, the findings of fact of the district court are supported by substantial competent evidence, the opinions or findings of fact and conclusions of law of the district court adequately explain the decision, and the district court did not abuse its discretion.
Affirmed.