Source or prior law:

(a). G.S. 1868, ch. 80, §§ 568, 569, 575; L. 1909, ch. 182, §§ 596, 597, 599; R.S. 1923, 60-3007, 60-3008, 60-3010.

(b). G.S. 1868, ch. 80, §§ 568, 570, 575; L. 1909, ch. 182, §§ 596 through 598, 600; R.S. 1923, 60-3007 through 60-3009, 60-3011.

Revisor's Note:

Figures "60-309" inserted in subsection (b) in accordance with correction made by supreme court rule No. 101, effective Jan. 1, 1964.

Cross References to Related Sections:

Procedure on motion for new trial, see 60-259.

Actions for relief on ground of fraud, two-year limitation, see 60-513 (3).

Limitation period extended following removal of certain disabilities, see 60-515.

Court's power unaffected by expiration of term, see 60-206 (c).

Actions to open, vacate or modify tax foreclosure judgments; time limitation, see 79-2804b.

Setting aside default judgment in limited actions, see 61-3301.

Law Review and Bar Journal References:

"The Effect of the New Code on Title Examination," J. B. McKay, 33 J.B.A.K. 173, 175 (1964).

Paragraph (b) cited in 1963-65 survey of civil practice, Earl B. Shurtz, 14 K.L.R. 171, 181, 185 (1965).

Survey of Kansas family law, Harvey S. Berenson, 17 K.L.R. 349, 352, 353 (1969).

"Procedure and Defenses Under the Kansas Uniform Reciprocal Enforcement of Support Act of 1970," Jack Peggs, 46 J.B.A.K. 233, 235 (1977).

"Survey of Kansas Law: Civil Procedure," Jerry G. Elliott, 27 K.L.R. 185, 194 (1979).

"Domestic Relations: Kansas Adopts Automatic Reduction of Child Support," Peggy A. McNeive, 19 W.L.J. 175, 179 (1979).

"Domestic Relations: Modification of Future Alimony Payments Due to Changed Circumstances," Carol Gilliam Green, 20 W.L.J. 66, 75 (1980).

"Survey of Kansas Law: Civil Procedure," 29 K.L.R. 449, 460 (1981).

"Recent Development in Kansas Civil Procedure," E. Elinor P. Schroeder, 32 K.L.R. 515, 520, 521, 524, 538 (1984).

"Survey of Kansas Law: Family Law," Nancy G. Maxwell, 32 K.L.R. 543, 582 (1984).

"A Possible Backlash of the New Child Support Guidelines: The Issue of Paternity," Judith K. Macy, 12 J.K.T.L.A. No. 2, p. 10 (1988).

"More Goo for Our Tort Stew: Implementing the Kansas Collateral Source Rule," James Concannon and Ron Smith, 58 J.K.B.A. No. 2, 19, 23, 28 (1989).

"Child Support Judgments in Domestic Matters: Modification of Judgments and Calculation of Arrearage," Dennis Molamphy, XIV J.K.T.L.A. No. 2, 9 (1990).

"Kansas State Court Appellate Standards of Review: An Understanding Unblinded," Robert W. Parnacott, 62 J.K.B.A. No. 10, 34, 38 (1993).

"Challenging the Presumption of Paternity," Sheila Reynolds, 65 J.K.B.A. No. 10, 36 (1996).

"What's your authority? And other issues in oral settlement agreements," Daniel E. Blegen, 69 J.K.B.A. No. 5, 26 (2000).

"What Constitutes Excusable Neglect? A Guide for the Kansas Federal & State Practitioner", Steven W. Allton, John W. Broomes, 77 J.K.B.A. No. 5, 6 (2008).

"Waiting for Judgment Day: Negotiating the Interlocutory Appeal in 8 Easy Lessons," Jonathan Paretsky, 78 J.K.B.A. No. 4, 30 (2009).

"Determining What is a Genuine Issue When Making a Motion For Summary Judgment," Nathan Leadstrom, K.D.J. Spring (2008).

CASE ANNOTATIONS

Prior law cases, see G.S. 1949, 60-3007 to 60-3011 and the 1961 Supp. thereto.

1. Actual fraud contemplated; constructive fraud insufficient. In re Estate of Latshaw, 194 K. 747, 751, 752, 402 P.2d 323.

2. Defendant incarcerated in jail held not prevented from defending action due to unavoidable casualty and misfortune. Goldsberry v. Ellis, 192 K. 703, 704, 391 P.2d 745.

3. Ruling on motion to vacate judgment within trial court's discretion. Lackey v. Medora Township, 194 K. 794, 795, 796, 401 P.2d 911.

4. This section does not support a nunc pro tunc order to wipe out judgment affecting rights of party. Mathies v. Railroad Retirement Board, 341 F.2d 243, 248.

5. Application of G.S. 1949, 60-3007 (prior law) mentioned in action to set aside property settlement. Cramer v. Wohlgemuth, 195 K. 622, 624, 408 P.2d 644.

6. Granting motion to set aside default judgment rests in discretion of trial court. Wilson v. Miller, 198 K. 321, 322, 323, 424 P.2d 271.

7. Relief provided by section considered; section not substitute for proceedings under 60-1507. Smith v. State, 199 K. 132, 133, 134, 135, 427 P.2d 625.

8. Burden of proving fraud by clear, convincing evidence under subsection (b)(3) is on movant. Donaldson v. Donaldson, 199 K. 469, 470, 430 P.2d 210.

9. Motion to vacate judgment because of lack of jurisdiction within purview of subsection (b)(4). American Home Life Ins. Co. v. Heide, 199 K. 652, 655, 433 P.2d 454.

10. Collateral attack on mandatory injunction by means of mandamus proceedings. Mobil Oil Corporation v. McHenry, 200 K. 211, 241, 436 P.2d 982.

11. Petition to reopen guardianship estate held to be in substantial compliance with either subsection (b)(1) or (b)(6). First National Bank of Topeka v. Hiatt, 201 K. 50, 54, 55, 439 P.2d 373.

12. Section construed; appeal from order denying motion for relief from judgment presents only order of denial for review. Neagle v. Brooks, 203 K. 323, 326, 327, 454 P.2d 544.

13. Motion hereunder filed within reasonable time if filed and acted upon before time appeal is docketed in supreme court. Wichita City Teachers Credit Union v. Rider, 203 K. 552, 556, 456 P.2d 42.

14. Subsection (b)(6) gives trial court broad discretionary power to relieve party from final judgment. Wichita City Teachers Credit Union v. Rider, 203 K. 552, 556, 456 P.2d 42.

15. Under subsection (b) the burden of proof, by clear and convincing evidence, is on movant in an attempt to set aside a judgment for fraud. Cool v. Cool, 203 K. 749, 755, 457 P.2d 60.

16. Distinction between intrinsic and extrinsic fraud no longer relevant under provisions of subsection (b). Cool v. Cool, 203 K. 749, 755, 457 P.2d 60.

17. Motion to set aside sale proceedings is within a reasonable time if filed during period of redemption set by the court pursuant to 60-2414. Needham v. Young, 205 K. 603, 606, 470 P.2d 762.

18. Subsection (b) cited; motion to modify and set aside decree; matter of judicial discretion. Meyer v. Meyer, 209 K. 31, 32, 33, 34, 35, 36, 38, 495 P.2d 942.

19. Court without authority to set aside past due alimony payments under subsection (b) even though appellant had remarried. Blair v. Blair, 210 K. 156, 157, 499 P.2d 546. Later action alleging fraud and unjust enrichment not maintainable; res judicata. Blair v. Duncan, 216 K. 718, 533 P.2d 1224.

20. Relief from judgment under subsection (b) is discretionary; trial court's order will not be reversed absent abuse of discretion. Lee v. Brown, 210 K. 168, 170, 499 P.2d 1076.

21. No explanation for failure to present evidence sooner; subsection (b) motion subject to trial court discretion; no abuse. Fairlawn Plaza Development, Inc. v. Fleming Co., Inc., 210 K. 459, 467, 502 P.2d 663.

22. After unappealed order denying motion under subsection (b) became final, trial court properly applied res judicata to identical second motion. Taber v. Taber, 213 K. 453, 455, 516 P.2d 987.

23. Discussed; limited retroactive effect of holding guest statute unconstitutional. Vaughn v. Murray, 214 K. 456, 466, 521 P.2d 262.

24. Refusal to set aside default judgment error; excusable neglect. Montez v. Tonkawa Village Apartments, 215 K. 59, 61, 62, 523 P.2d 351.

25. Relief from adoption decree on grounds of fraud may not be obtained after more than one year after judgment entered. Jones v. Jones, 215 K. 102, 114, 523 P.2d 743.

26. Motion for relief under (b)(4); new trial granted where verdict for punitive damages only. Dicker v. Smith, 215 K. 212, 213, 523 P.2d 371.

27. Motion hereunder; action to set aside sheriff's deed; motion overruled. Beard v. Montgomery Ward & Co., 215 K. 343, 347, 524 P.2d 1159.

28. Motion for relief from default judgment not barred by laches; no abuse of discretion in granting relief. Baker v. Baker, 217 K. 319, 320, 537 P.2d 171.

29. Order vacating default judgment and permitting answer to be filed not final appealable order. Bates & Son Construction Co. v. Berry, 217 K. 322, 323, 537 P.2d 189.

30. Nunc pro tunc order did not effect change in original judgment; correction of clerical error. Book v. Everitt Lumber Co., Inc., 218 K. 121, 125, 127, 542 P.2d 669.

31. Mentioned in holding trial court erroneously dismissed an appeal to supreme court from final order of district court. Johnson v. Johnson, 219 K. 190, 195, 547 P.2d 360.

32. Time for filing appeal runs from the time judgment entered; bifurcated ruling; latest order fixes date. McCain v. McCain, 219 K. 780, 782, 549 P.2d 896.

33. Ruling on motion hereunder final if appeal not taken therefrom in 30 days; successive motion on same grounds res judicata. Satterfield v. Satterfield, 221 K. 15, 16, 558 P.2d 108.

34. Defendant precluded from relief hereunder; failure to show meritorious defense to action; default judgment not void on grounds alleged. Automatic Feeder Co. v. Tobey, 221 K. 17, 19, 20, 558 P.2d 101.

35. Applied; trial court did not abuse discretion in allowing pleadings to be filed out of time. State Farm Mutual Automobile Ins. Co. v. Hall, 221 K. 337, 340, 559 P.2d 357.

36. Paternity of child remained in dispute in proceeding for relief from support money judgment; new evidence available; judgment vacated. Besse v. Besse, 1 K.A.2d 217, 218, 219, 220, 563 P.2d 518.

37. Only order of denial considered; not underlying judgment. Giles v. Russell, 222 K. 629, 630, 632, 633, 634, 567 P.2d 845.

38. Running of time for appeal not terminated by filing a motion for relief under this section. Giles v. Russell, 222 K. 629, 630, 632, 633, 634, 567 P.2d 845.

39. Meritorious defense to action required to set aside judgment for excusable neglect; refusal affirmed. Jenkins v. Arnold, 223 K. 298, 299, 573 P.2d 1013.

40. Applied in construing provisions of 60-2101. Reimer v. Davis, 224 K. 225, 228, 229, 580 P.2d 81.

41. Section did not authorize district court to reinstate action on its own initiative and without notice. Brown v. Fitzpatrick, 224 K. 636, 638, 639, 640, 641, 585 P.2d 987.

42. Child support for more than one child paid as a fixed sum and court does not specify amount per child, award is divided proportionately. Brady v. Brady, 225 K. 485, 488, 489, 490, 592 P.2d 865.

43. Court's modification of original mandamus order upheld; audit of city's books ordered. Runyon v. City of Neosho Rapids, 2 K.A.2d 619, 621, 585 P.2d 1069.

44. Default judgment issued in accordance with 60-718(c); granting relief under subsection (b) within discretion of court. McCall v. Lewis, 3 K.A.2d 22, 24, 592 P.2d 469.

45. Oral ruling not final judgment under 60-258; no motion to set aside required. In re Estate of Carothers, 3 K.A.2d 156, 157, 591 P.2d 1091.

46. Petition in will contest treated as motion under subsection (b); no abuse of discretion in denying relief. In re Estate of Corson, 226 K. 673, 674, 675, 676, 679, 680, 602 P.2d 1320.

47. Motion to set aside summary judgment on basis of excusable neglect granted; appeal of subsequent judgment within statutory time proper. Thompson v. James, 3 K.A.2d 499, 500, 501, 597 P.2d 259.

48. Judgment corrected to conform with established true verdict. Traylor v. Wachter, 3 K.A.2d 536, 542, 598 P.2d 1061.

49. While nunc pro tunc sought, relief clearly under subsection (b); order modifying divorce decree and settlement agreement not an abuse of discretion. Richardson v. Richardson, 3 K.A.2d 610, 611, 612, 599 P.2d 320.

50. Trial court abused its discretion in denying motion to set aside a judgment of dismissal of cause of action; attorney had no apparent authority to settle plaintiff's case. Miotk v. Rudy, 4 K.A.2d 296, 297, 298, 299, 301, 605 P.2d 587.

51. Cited; jury instruction approved by supreme court prior to judgment not retroactively required. Cook v. Doty, 4 K.A.2d 499, 502, 608 P.2d 1028.

52. Trial court may re-examine rulings within period allotted provided appeal has not been docketed at appellate level; motion and notice of hearing required. Darnall v. Lowe, 5 K.A.2d 240, 242, 615 P.2d 786.

53. Attorney fees not allowed for defending motion under paragraph (b). Jones v. Smith, 5 K.A.2d 352, 353, 354, 355, 356, 616 P.2d 300.

54. Mandate from appellate court does not divest district court of power to consider motion for relief from judgment. Jones v. Smith, 5 K.A.2d 352, 353, 354, 355, 356, 616 P.2d 300.

55. Where defendant had no greater reason to set aside default judgment three years after entry of judgment of which he had notice, court abused discretion in setting aside same. Jones v. Smith, 5 K.A.2d 352, 353, 354, 355, 356, 616 P.2d 300.

56. Trial court's order refusing to set aside a default judgment is final and may only be challenged on appeal; reversed. Daniels v. Chaffee, 5 K.A.2d 552, 553, 554, 556, 620 P.2d 348.

57. Motion for relief under (b) on grounds that court did not have jurisdiction. Perry v. Perry, 5 K.A.2d 636, 637, 623 P.2d 513.

58. Court does not have jurisdiction to consider motion under (b) once appeal filed. Martin v. Martin, 5 K.A.2d 670, 674, 675, 677, 623 P.2d 527.

59. Trial court did not abuse its discretion in setting aside a judgment of dismissal under subsection (b)(6). Chowning, Inc. v. Dupree, 6 K.A.2d 140, 141, 142, 626 P.2d 1240.

60. Correction of verdict must be made before jury is discharged and with its assent. Cornejo v. Probst, 6 K.A.2d 529, 531, 540, 542, 630 P.2d 1292 (1981).

61. Counterclaim cannot be asserted in proceeding under 60-3001 et seq.; relief may be sought hereunder. Landon v. Artz, 6 K.A.2d 617, 619, 631 P.2d 1237 (1981).

62. Subsection (b)(6) gives court broad discretion to do equity and to correct manifest error; not applicable to relieve party from free, calculated and deliberate choices. Overland Park Savings & Loan Ass'n v. Braden, 6 K.A.2d 876, 879, 880, 636 P.2d 797 (1981).

63. Court on own motion may set aside its previous refusal to set aside default judgment. Daniels v. Chaffee, 230 K. 32, 33, 40, 41, 42, 43, 44, 47, 630 P.2d 1090 (1981).

64. In action by discharged teacher appeal was timely and trial court erred in dismissing because of plaintiff's failure to exhaust administrative remedies. Scott v. U.S.D. No. 377, 7 K.A.2d 82, 84, 638 P.2d 941 (1982).

65. District court without jurisdiction to enlarge appeal period of 26-508. City of Kansas City v. Crestmoore Downs, Inc., 7 K.A.2d 515, 516, 517, 518, 644 P.2d 494 (1982).

66. Emancipation of a minor and commitment of a child as a ward of the state are not sufficient to justify automatic termination of obligation of support by parents. Patrzykont v. Patrzykont, 7 K.A.2d 533, 534, 644 P.2d 1009 (1982).

67. Mentioned; trial court erred in failing to set aside default judgment rendered before statutory notice requirement of 60-255 met. Hood v. Haynes, 7 K.A.2d 591, 592, 644 P.2d 1371 (1982).

68. Motion under subsection (b)(1), (4), (6) overruled; 60-206(e) did not apply. Binyon v. Nesseth, 231 K. 381, 385, 646 P.2d 1043 (1982).

69. Motion to set aside void judgment can be made at any time. Barkley v. Toland, 7 K.A.2d 625, 626, 628, 629, 646 P.2d 1124 (1982).

70. Motion to vacate filed within reasonable time even though after period of redemption. Mid Kansas Fed'l Savings & Loan Ass'n v. Burke, 8 K.A.2d 443, 444, 446, 660 P.2d 569 (1983).

71. Order of district court setting aside order of dismissal was appropriate under facts of case. Wirt v. Esrey, 233 K. 300, 310, 311, 321, 322, 323, 662 P.2d 1238 (1983).

72. Adoption decree not void; action to set aside for fraud filed 3 years later untimely. In re Adoption of Hobson, 8 K.A.2d 772, 775, 667 P.2d 911 (1983).

73. Defendant's actions in payment of judgment determined to be voluntary; right of appeal lost. Vap v. Diamond Oil Producers, Inc., 9 K.A.2d 58, 59, 671 P.2d 1126 (1983).

74. Proceedings set aside for "surprise" under subsection (b) where movant had no actual knowledge but acted quickly thereafter. Mid Kansas Fed'l Savings & Loan Ass'n v. Burke, 233 K. 796, 799, 800, 666 P.2d 203 (1983).

75. Cited; appeal time under 61-2102 for limited actions tolled by 60-2103(a). Squires v. City of Salina, 9 K.A.2d 199, 200, 201, 675 P.2d 926 (1984).

76. Motion to alter or amend judgment falls under 60-259(f); appeal time stayed by 60-2103. Caplinger v. Carter, 9 K.A.2d 287, 290, 676 P.2d 1300 (1984).

77. Motion to set aside order authorizing invasion of trust corpus considered in action between life tenant and remainderman for control of property. In re Estate of Kreie, 235 K. 143, 147, 679 P.2d 1025 (1984).

78. Power of district court to grant relief from final judgment considered. In re Petition of City of Shawnee for Annexation of Land, 236 K. 1, 7, 11, 17, 687 P.2d 603 (1984).

79. Relief from fraud inducing settlement agreement incorporated into divorce decree permissible by separate action or motion to reform. Oehme v. Oehme, 10 K.A.2d 73, 74, 78, 691 P.2d 1325 (1984).

80. New trial denied where newly discovered evidence failed to rebut presumption of revocation of will. In re Estate of Mettee, 10 K.A.2d 184, 185, 694 P.2d 1325 (1985).

81. Relief available under (b) where facts existing at time of divorce decree would have created different result if known by court. In re Marriage of Hunt, 10 K.A.2d 254, 259, 260, 697 P.2d 80 (1985).

82. Cited; non-prearranged recess gathering of county commissioners not violation of open meetings act (75-4317 et seq.) ; summary judgment sustained. Stevens v. Board of Reno County Comm'rs, 10 K.A.2d 523, 524, 710 P.2d 698 (1985).

83. Statute cannot be used as substitute for failure to appeal when subsequent change of law occurs. Ellis v. Whittaker, 10 K.A.2d 676, 678, 709 P.2d 991 (1985).

84. Cited in opinion that failure to comply with S.Ct. rule 118(d) renders resulting default judgment voidable and not void. Universal Modular Structures, Inc. v. Forrest, 11 K.A.2d 298, 299, 720 P.2d 1121 (1986).

85. Cited; portion of divorce decree ordering appellant to provide appellee with military survivor's benefit plan void. In re Marriage of Morton, 11 K.A.2d 473, 477, 726 P.2d 297 (1986).

86. Cited; challenge to deficiency judgment entered pursuant to UCCC (16a-1-101 et seq.) and foreclosure of additional security examined. Garden Nat'l Bank v. Cada, 11 K.A.2d 562, 565, 729 P.2d 1252 (1986).

87. No error in failing to consider defendants were pro se when served motion for summary judgment. Mangiaracina v. Gutierrez, 11 K.A.2d 594, 596, 730 P.2d 1109 (1986).

88. Ruling on motion for relief within sound discretion of trial court; absent abuse, order will not be reversed. In re Marriage of Zodrow, 240 K. 65, 70, 727 P.2d 435 (1986).

89. Direct attack authorized by (b) in certain cases; relief afforded under (b)(6) from judgment erroneous on its face. In re Estate of Newland, 240 K. 249, 253, 260, 730 P.2d 351 (1986).

90. Cited; alleged fraud as not controlling decision to grant appeal in underlying case, doctrine of unique circumstances examined. Johnson v. American Cyanamid Co., 243 K. 291, 758 P.2d 206 (1988).

91. Court's discretion abused where original action dismissed to allow refiling for service, then dismissing second action as untimely. Vogeler v. Owen, 243 K. 682, 763 P.2d 600 (1988).

92. Effectiveness of divorce decree orally granted determined when followed by death of party before signed journal entry filed. In re Marriage of Wilson, 13 K.A.2d 291, 292, 768 P.2d 835 (1989).

93. Posttrial motions as matters which should have been presented before summary judgment entered noted. Blevins v. Hiebert, 13 K.A.2d 318, 323, 770 P.2d 486 (1989).

94. Motions properly filed hereunder do not toll time for filing notice of appeal. Beal v. Rent-A-Center of America, Inc., 13 K.A.2d 375, 377, 771 P.2d 553 (1989).

95. Evidence concerning best interests of child as unnecessary in determination of parentage proceeding (38-1110 et seq.) examined. In re Marriage of O'Brien, 13 K.A.2d 402, 406, 772 P.2d 278 (1989).

96. Restricting termination of child support obligations to situations where permanent change of residence occurs determined. In re Marriage of Peak, 244 K. 662, 663, 665, 772 P.2d 775 (1989).

97. Default judgment as acquiescence where defendant contested garnishment proceedings examined. Younger v. Mitchell, 245 K. 204, 208, 777 P.2d 789 (1989).

98. Constitutional right to procedural due process forfeited where unresponsive defendant fails to answer timely or appear at hearing. Bazine State Bank v. Pawnee Prod. Serv., Inc., 245 K. 490, 494, 781 P.2d 1077 (1989).

99. Purpose of Kansas parentage act (38-1110 et seq.) stated and applied. In re Marriage of Ross, 245 K. 591, 599, 783 P.2d 331 (1989).

100. Motion for relief in original case unavailable where issue resolved at trial and affirmed on appeal. Cosgrove v. Kansas Dept. of S.R.S., 14 K.A.2d 217, 222, 786 P.2d 636 (1990).

101. Noted by dissent where 60-203 and 60-206 compared concerning extension of time for service and application of same. Read v. Miller, 247 K. 557, 565, 802 P.2d 528 (1990).

102. Default judgments in excess of petition's demands examined; voidable to extent of excess. Producers Equipment Sales, Inc. v. Thomason, 15 K.A.2d 393, 395, 808 P.2d 881 (1991).

103. Judgment sua sponte awarding arrearages for temporary alimony first awarded in 1981 reversed; temporary maintenance ceased upon divorce in 1984. Dube v. Dube, 15 K.A.2d 511, 512, 809 P.2d 1245 (1991).

104. Motion to set aside writ of execution timely filed under 33-102, but was not proper under 60-260, because not party to execution order. Wallace, Saunders, Austin, Brown & Enochs, Chtd. v. Louisburg Grain Co., 250 K. 54, 59, 824 P.2d 933 (1992).

105. Specification of grounds for relief under statute not required; trial court's decision was correct but for wrong reason. In re Marriage of Thomas, 16 K.A.2d 518, 519, 523, 526, 825 P.2d 1163 (1992).

106. Trial court's journal entry constituted consent decree between parties and was final order even though jurisdiction retained. Steele v. Guardianship & Conservatorship of Crist, 251 K. 712, 717, 840 P.2d 1107 (1992).

107. Motion under subsection (b)(6) not within reasonable time, nonpaternity evidence presented after nearly six years. Wilson v. Wilson, 16 K.A.2d 651, 652, 654, 655, 656, 657, 658, 659, 661, 827 P.2d 788 (1992).

108. Reasonable time within which relief may be requested by defendant in military service from voidable default judgment examined. In re Marriage of Thompson, 17 K.A.2d 47, 832 P.2d 349 (1992).

109. Unreasonable to suggest void judgment must be given res judicata effect; doing so would defeat ends of justice. In re Marriage of Cline, 17 K.A.2d 230, 233, 840 P.2d 1198 (1992).

110. Noted in holding provisions in 59-3010 mandatory not directory thus requiring compliance for jurisdiction regarding guardianship/conservatorship. In re Guardianship and Conservatorship of Fogle, 17 K.A.2d 357, 359, 837 P.2d 842 (1992).

111. Cited in holding that void judgment is absolute nullity; acquiescence not possible. Sramek v. Sramek, 17 K.A.2d 573, 577, 840 P.2d 553 (1992).

112. Default judgment entered before time provided by 60-308(c) is void; no discretion to deny motion to set aside. Bethany Medical Center v. Niyazi, 18 K.A.2d 80, 81, 847 P.2d 1341 (1993).

113. Whether neglect to defend suit waived defendant's right to 60-255 notice of default judgment examined. Midland Bank of Overland Park v. Rieke, 18 K.A.2d 830, 831, 834, 835, 836, 861 P.2d 129 (1993).

114. Whether insurers experts' opinion regarding unreasonableness of default judgment against insured relevant in determining liability examined. Johnson v. Studyvin, 828 F.Supp. 877, 888 (1993).

115. Whether Kansas Supreme Court's sua sponte recall of appeals court mandate reversing conviction violated due process examined. Dye v. Kansas State Supreme Court, 830 F.Supp. 1379, 1383 (1993).

116. Cited in discussion of whether division of military retirement pay in Kansas before 1987 is enforceable under Kansas law. Andrean v. Secretary of U.S. Army, 840 F.Supp. 1414, 1419 (1993).

117. Whether natural mother's consent to adoption within 12 hours of birth is voidable before final decree entered examined. In re Adoption of J.H.G., 254 K. 780, 792, 869 P.2d 640 (1994).

118. Whether trial court lacked personal jurisdiction because out-of-state service by corporation was invalid examined. In re Marriage of Welliver, 254 K. 801, 802, 811, 869 P.2d 653 (1994).

119. Whether SRS may recoup assigned child support from husband who paid wife instead of trustee examined. In re Marriage of Walje, 19 K.A.2d 809, 810, 877 P.2d 7 (1994).

120. Whether a motion to modify may be rejected as untimely even though filed within one-year period after judgment examined. In re Marriage of Larson, 19 K.A.2d 986, 988, 880 P.2d 1279 (1994); aff'd, 257 K. 456, 457, 894 P.2d 809 (1995).

121. Whether settlement agreement incorporated into journal entry is written contract and not improper attempt to amend judgment examined. Boos v. National Fed'n of State High School Ass'ns, 20 K.A.2d 517, 520, 889 P.2d 797 (1995).

122. Whether default judgment for defendant is appropriate remedy should district court fail to hold timely retroactive sentence conversion hearing examined. State v. Geis, 20 K.A.2d 778, 781, 894 P.2d 213 (1995).

123. Whether liquidation order is a consent decree that can be modified ex parte examined. In re Liquidation of Nat'l Colonial Ins. Co., 20 K.A.2d 802, 805, 892 P.2d 926 (1995).

124. Whether petitioner had right to notice and hearing before state supreme court corrected clerical error in order examined. Dye v. Kansas State Supreme Court, 48 F.3d 487, 490 (1995).

125. No error in trial court's setting aside estate agreement and previous order due to excusable neglect. In re Estate of Hessenflow, 21 K.A.2d 761, 772, 909 P.2d 662 (1995).

126. Trial court should have applied Missouri law in setting aside mortgage foreclosure sale and evaluating relief. Resolution Trust Corp. v. Atchity, 259 K. 584, 585, 593, 913 P.2d 162 (1996).

127. No motion to modify journal entry hereunder; notwithstanding provisions thereof examined but determined sufficient. Boyle v. Harries, 22 K.A.2d 686, 698, 923 P.2d 504 (1996).

128. Laches and other equitable remedies not abrogated in enacting dormancy and revivor statutes. In re Marriage of Jones, 22 K.A.2d 753, 762, 766, 921 P.2d 839 (1996).

129. Automatic stay of bankruptcy act tolls one-year time limitation. In re Marriage of Beardslee, 22 K.A.2d 787, 790, 791, 922 P.2d 1128 (1996).

130. Incorrectly characterized motion to correct clerical and arithmetic errors considered motion to modify sentence for appellate jurisdiction purposes. State v. McBride, 23 K.A.2d 302, 303, 930 P.2d 618 (1996).

131. Soldiers' and sailors' Civil Relief Act of 1940 does not apply to persons who are AWOL or incarcerated under military law; default judgment valid. In re Marriage of Hampshire, 261 K. 854, 855, 859, 862, 934 P.2d 58 (1997).

132. Absent extenuating circumstances, motion filed four years after the filing of divorce decree is not a reasonable time. In re Marriage of Bowers, 23 K.A.2d 641, 642, 645, 933 P.2d 176 (1997).

133. No abuse of discretion in not granting motion under subsection (b) where newly discovered evidence asserted. Logan v. Logan, 23 K.A.2d 920, 930, 937 P.2d 967 (1997).

134. Trial court did not abuse discretion in dismissing motion; specific ground for relief not alleged and factual proffer inadequate. In re Marriage of Bleich, 23 K.A.2d 982, 939 P.2d 966 (1997).

135. Trial court lacked jurisdiction to rule on subsection (b) motion filed more than one year after judgment. State ex rel. Secretary of SRS v. Keck, 266 K. 305, 306, 969 P.2d 841 (1998).

136. Trial court lacked jurisdiction to set aside default judgment after time limit for filing motion expired. Rose & Nelson v. Frank, 25 K.A.2d 22, 27, 956 P.2d 729 (1998).

137. Property settlement of divorce will not be modified four years later as one year limit to file for relief controls. In re Marriage of Pierce, 26 K.A.2d 236, 241, 982 P.2d 995 (1999).

138. No basis for challenging will admitted to probate under provisions of this section. In re Estate of Wells, 26 K.A.2d 282, 286, 983 P.2d 279 (1999).

139. Trial court reconsideration of issue concerning whether insurer's wage loss benefits provided greater coverage than 40-3103 upheld. Elliot v. Farm Bureau Ins. Co. Inc., 26 K.A.2d 790, 792, 995 P.2d 885 (1999).

140. Court has no continuing jurisdiction to change division of property in divorce decree; motion filed 46 months after decree was entered is not a reasonable time under 60-260. In re Marriage of Boldridge, 29 K.A.2d 581, 29 P.3d 454 (2001).

141. No abuse of discretion in denying post trial motions involving sanctions against Missouri attorney appearing pro hac vice. Subway Restaurants, Inc. v. Kessler, 273 K. 969, 46 P.3d 1113 (2002).

142. Both district court and court of appeals reversed; remanded for determination whether lump sum payment to former military member was disability or retirement pay. In re Marriage of Wherrell, 274 K. 984, 58 P.3d 734 (2002).

143. Defendant's failure to file motion in small claims court to set aside default judgment does not deprive district court of jurisdiction but district court was limited to determining whether small claims court erred in granting default judgment. Frost v. Cook, 30 K.A.2d 1270, 58 P.3d 112 (2002).

144. Party cannot circumvent one-year statute of limitations applicable to first three grounds of section by invoking residual clause (subsection (b)(6)). In re Marriage of Leedy, 279 K. 311, 109 P.3d 1130 (2005).

145. As matter of comity Kansas default divorce set aside when similar action had been pending in Texas for two years. In re Marriage of Laine, 34 K.A.2d 519, 120 P.3d 802 (2005).

146. Identity of name is prima facie identity of person (defendant denied he got $83,730 in student loans from Sallie Mae). Student Loan Marketing Ass'n v. Hollis, 34 K.A.2d 541, 121 P.3d 462 (2005).

147. Party cannot circumvent the one-year limitation of subsection (b) first three grounds by invoking subsection (b)(6), when. In re Marriage of Reinhardt, 38 K.A.2d 60, 63, 161 P.3d 235 (2007).

148. Cited; father contesting adoption because mother's fraud; adoption judgment not void nor entitled to relief because of fraud. In re Adoption of A.A.T., 287 K. 590, 591, 595 to 598, 626-629, 654, 655, 666, 668, 669, 196 P.3d 1180 (2008).

149. Cited; court enforces property settlement agreement containing a hold harmless agreement. In re Marriage of Hudson, 39 K.A.2d 417, 426, 182 P.3d 25 (2008).

150. Cited; when district court incorrectly calculates child support, appellate court must remand for correct calculation; retroactivity discussed. In re Marriage of VanderVoort, 39 K.A.2d 724, 729, 731, 185 P.3d 289 (2008).

151. Cited; time limit for filing appeal under probate code is tolled by filing postjudgment motion pursuant to K.S.A. 60-2103(a). In re Guardianship of Sokol, 40 K.A.2d 57, 63, 189 P.3d 526 (2008).

152. Cited; K.S.A. 61-3301 does not apply to default judgments granted against garnishees; K.S.A. 60-260 applies to defaults obtained pursuant to K.S.A. 61-3514. Southwestern Bell Yellow Pages, Inc. v. Beadle, 40 K.A.2d 989, 990, 993, 994, 999, 1000, 197 P.3d 896 (2008).

153. Third party beneficiary claim that decedent breeched contract by transferring assets is covered by nonclaim statute. Nelson v. Nelson, 288 K. 570, 205 P.3d 715 (2009).

154. Nonlender is not a contingently necessary party in a mortgage foreclosure action and is not required to be allowed to intervene. Landmark Nat'l Bank v. Kesler, 289 K. 528, 216 P.3d 158 (2009).

155. Denial of motion to set aside default judgment, no abuse of discretion. First Nat'l Bank in Belleville v. Sankey Motors, Inc., 41 K.A.2d 629, 204 P.3d 1167 (2009).

156. Appellant failed to show excusable neglect to set aside summary judgment order. Board of Sedgwick County Comm'rs v. City of Park City, 41 K.A.2d 646, 204 P.3d 648 (2009).

157. A motion under K.S.A. 60-260(b)(4) does not provide a procedure to obtain post-conviction relief. State v. Mitchell, 297 K. 118, 298 P.3d 349 (2013).

158. Motion based on mistake or fraud must be filed within one year of final judgment. In re Estate of McLeish, 49 K.A.2d 246, 307 P.3d 221 (2013).

159. The district court may grant relief from a final judgment on the basis of a defendant's excusable neglect. Garcia v. Ball, 50 K.A.2d 197, 323 P.3d 872 (2014).

160. Excusable neglect must be determined on a case-by-case basis under the facts presented; confusion related to proceedings accompanied by inaction does not qualify as excusable neglect. Morton County Hospital v. Howell, 51 K.A.2d 1103, 1113, 361 P.3d 515 (2015).

161. When a default judgment is granted, the defaulting party may specify more than one ground for relief, including the catchall provision. Garcia v. Ball, 303 K. 560, 567, 363 P.3d 399 (2015).

162. The right to appeal in a civil case is entirely statutory and not a right guaranteed by the United States constitution or the constitution of the state of Kansas; an appellate court has no authority to create an exception to statutory jurisdictional requirements to allow an appeal from an order setting aside a final judgement in a civil case. Wiechman v. Huddleston, 304 K. 80, 86-88, 370 P.3d 1194 (2016).

163. A motion to set aside a default judgment must generally be filed within a reasonable time, but a void judgment may be set aside at any time. In re Henson, 58 K.A.2d 167, 174, 464 P.3d 963 (2020).

164. Other post-trial motions, including motions for relief from a final judgment under subsection (b), do not toll the time to file an appeal. In re Estate of Lentz, 312 K. 490, 497, 476 P.3d 1151 (2020).

165. Petitioners in small claims cases may generally seek relief from judgments or orders pursuant to statute. Wiedemann v. Pi Kappa Phi Fraternity, 62 Kan. App. 2d 704, 713, 522 P.3d 325 (2022).