Roy L. Derfelt v. Honorable Robert E‪.‬

Relators Roy and Virginia Derfelt and Stephen and Madelyn Bazzano, were sued by Traders Bank of Kansas City on a promissory note and their personal guarantees. 1 On February 14, 1984, Respondent, The Honorable Robert E. Yocom, Special Judge of the Circuit Court of Jasper County, ordered Traders Bank's cause of action against relators dismissed with prejudice because Traders Bank at that time had not yet complied with an earlier discovery sanction order. Thirteen days later Traders Bank filed a motion styled, Motion For Reconsideration Of Dismissal Order And For Reinstatement Of Cause As To Defendants Derfelt And Bazzano. 2 The motion alleged compliance with the court's discovery sanction order and stated compliance had been delayed because counsel was out of the country and his return delayed due to bad weather. On March 15, 1984, respondent, without notice to relators and without reference to the above-styled motion, reinstated Traders Bank's action against relators. Because respondent failed to give relators notice and an opportunity to be heard before reinstating the cause, relators argue that he should be prohibited from exercising any further authority over them since he long ago lost jurisdiction to do so. 3