Gideon v. Bo-Mar Homes

The opinion of the court was delivered by The crux of this appeal is whether the district court abused
its judicial discretion in denying the appellants' motion for an
order of dismissal of their action without prejudice pursuant to
K.S.A. 60-241 (a) (2). The parties concede that if the supreme
court concludes the district court abused its discretion in
denying the appellants' motion, it compounded its error by
sustaining the appellees' oral motions for summary judgment
against the appellants. The appellants, Glenn Gideon and Wilmetta Gideon, are referred
to as plaintiffs. Bo-Mar Homes, Inc., is referred to as Bo-Mar or
defendant, and Allied Building Credits and Allied Concord
Financial Corporation, being one and the same corporate entity,
are referred to as Allied Building or defendant.