NICHOLSON v. MERCER

No. 124,913.

559 P.3d 350 (2024)

Patricia NICHOLSON, Individually, and on Behalf of the Heirs-at-Law of Mark Nicholson, Decedent, Appellee, v. Ava Marie MERCER, Defendant, and Key Insurance Company, Appellant.

Supreme Court of Kansas.

Opinion Filed November 27, 2024.


Attorney(s) appearing for the Case

James P. Maloney, of Baker, Sterchi, Cowden & Rice, LLC, of Kansas City, Missouri, argued the cause, and Abbigale A. Gentle, of Foland, Wickens, Roper, Hofer & Crawford, P.C., of Kansas City, Missouri, and James D. Oliver, of Foulston Siefkin LLP, of Overland Park, were with him on the briefs for appellant.

Dustin L. Van Dyk, of Palmer Law Group, LLP, of Topeka, argued the cause, and LJ Leatherman, of the same firm, was with him on the briefs for appellee.

Jeffrey A. Wilson, of DeVaughn James Injury Lawyers, of Wichita, was on the brief for amicus curiae Kansas Trial Lawyers Association.


This is an appeal of a garnishment order entered in the district court and affirmed by a panel of our Court of Appeals. Key Insurance Company—the party being garnished— successfully petitioned this court for review. Key raised only the question of subject-matter jurisdiction in...

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