TOPEKA—Kansas Court of Appeals judges will hear one appeal by videoconference Tuesday, August 11. The oral arguments will be livestreamed on YouTube.
Judge G. Gordon Atcheson is the presiding judge and is joined by Judges David Bruns and Anthony Powell for the August 11 docket.
10 a.m. • August 11, 2020
Appeal No. 121,765: First Security Bank v. David Buehne and Lindsay Buehne, et al.
Meade County: First Security Bank filed this suit to accelerate and foreclose a mortgage against David Buehne and Lindsay Buehne, et al, after default on a commercial promissory note. The promissory note gave the holder of the note the right to accelerate the unpaid balance of the note in the event of default without any demand or notice to the defendants. Although the bank sent demand to defendants regarding the promissory note on August 17, 2006, the lawsuit was not filed until May 21, 2014. In ruling on competing motions for summary judgment, the district court found the promissory note was not a payable-on-demand note when taking into context the terms of the entire loan agreement. Instead, the district court ruled the bank took no affirmative step toward enforcing the option to accelerate until suit was filed in 2014. As a result, it rejected the defendants' claim this suit was barred by the statute of limitations as set forth in K.S.A. 60-511. On appeal, the defendants claim the district court erred: 1) in ruling the note was not a payable-on-demand note; 2) in finding First Security Bank took no steps to accelerate the note until 2014; and 3) in finding the statute of limitations as set forth in K.S.A. 60-511 did not bar the lawsuit.