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Moore v. Francisco

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eBook details

  • Title: Moore v. Francisco
  • Author : Court of Appeals of Kansas
  • Release Date : January 01, 1978
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 66 KB

Description

This is a medical malpractice case. Two doctors, a surgeon and
an anesthesiologist, are defendants. At the close of plaintiffs'
case, the court directed a verdict for the surgeon, W.D.
Francisco, and entered judgment in his favor in conformity with
K.S.A. 60-254(b). The case against Dr. Oktawiec continued and
resulted in a mistrial when the jury was unable to agree.
Plaintiffs have appealed from the judgment in favor of Dr.
Francisco and, in addition, have raised and have argued certain
trial matters. Dr. Oktawiec has filed notice of appeal
(cross-appeal) seeking review by this court of certain pretrial
and trial rulings. Plaintiffs have specified four issues on appeal. Defendant
Francisco has raised the question of jurisdiction as to
plaintiffs' issues 1, 2 and 4, and as to all matters presented by
cross-appellant for the reasons that all involve pretrial and
trial rulings concerning only matters between plaintiffs and
defendant Oktawiec; that none have any bearing on the judgment
rendered per K.S.A. 60-254(b); and that none are final orders
appealable as of right per K.S.A. 60-2102(a) or any other
statutory provision by which this court might assume
jurisdiction. We concur.


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