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Case Information
Filed
2021-12-03
Status
Disposed
Type
Cv Landlord/tenant Dispute Forcible Detainer
Docket
27 entries
Parties
Plaintiff
Fairlawn Plaza Llc
Defendant
Bogner, Guido K
doing Business As Anchor Gold
Lawyers
Docket Entries
- Attorney of Record Plaintiff: Fairlawn Plaza LLC Attorney of Record Vincent M Cox
- Attorney of Record Plaintiff: Fairlawn Plaza LLC Attorney of Record James B Biggs
- PLE: Petition Petition PLE: Petition
- AFF: Affidavit (Generic) Affidavit of Inability to Determine Military Service AFF: Affidavit (Generic)
- MOT: Motion (Generic) Plaintiff's Motion for Immediate Possession MOT: Motion (Generic)
- MOT: Motion (Generic) Plaintiff's Motion for Appointment of Receiver MOT: Motion (Generic)
- NOT: Notice - No Sheriff Service Required Notice of Hearing on Motion for Immediate Possession and to Appoint Receiver NOT: Notice - No Sheriff Service Required
- Issued Summons: Issued on 12/06/2021; to Guido K Bogner on 12/06/2021; Assigned to Process Server. Service fee of $0.00.
- NOT: Notice - No Sheriff Service Required Praecipe for Summons as to Guido K Bogner d/b/a Anchor Gold NOT: Notice - No Sheriff Service Required
- PLE: Summons Summons as to Guido K. Bogner d/b/a Anchor Gold PLE: Summons
- Document Service Summons: Issued on 12/6/2021; to Guido Bogner on 12/6/2021; Assigned to Process Server; Service Fee of $0.00
- Hearing Scheduled Hearing Scheduled (Motion Hearing 12/15/2021 02:30 PM) See NOH; emails confirm in-person hearing:vh
- Issued Summons - Alias: Issued on 12/07/2021; to Guido K Bogner on 12/07/2021; Assigned to Process Server. Service fee of $0.00.
- NOT: Notice - No Sheriff Service Required Praecipe for Alias Summons as to Guido K Bogner d/b/a Anchor Gold NOT: Notice - No Sheriff Service Required
- PLE: Summons - Alias Alias Summons as to Guido K Bogner d/b/a Anchor Gold PLE: Summons - Alias
- Document Service Summons - Alias: Issued on 12/7/2021; to Guido Bogner on 12/7/2021; Assigned to Process Server; Service Fee of $0.00
- NOT: Notice - No Sheriff Service Required Notice of Service NOT: Notice - No Sheriff Service Required
- RET: Return of Service Summons Served to Guido K Bogner; Residential Service and Mailing 12/9/2021 RET: Return of Service
- Hearing Held Hearing result for Motion Hearing held on 12/15/2021 02:30 PM: Hearing Held See NOH; emails confirm in-person hearing:vh JM's, 12-15-21, 2:30PM Digital Recording, Hearing conducted - In Person, Courtroom 3H Appearances: PTF Fairlawn Plaza appears through rep Mark Rezac and Attorney James Biggs; DEF does not appear. Hearing on PTF's Motion for Immediate Possession and Motion for Appointment of Receiver. December 15, 2021, @2:30p. Pending Motions: The Court has reviewed the motion, response, and all supporting briefs of the parties, and has carefully considered and is fully apprised in the premises. Evidence: Mark Rezac sworn under oath and testifies; exhibits 1, 2, 3 admitted. PTF moves for immediate possession of premises and also moves the Court to appoint Nancy Goodall as receiver for the personal property remaining on the premises. Court Findings & Orders: After the hearing and presentation of the evidence, the Court is satisfied that granting plaintiff immediate possession of the property is in the interest of justice and will properly protect the interests of all the parties. See K.S.A. 58-2570(d). PTF's motion for immediate possession is GRANTED. PTF and its agents are ORDERED to protect and secure all personal property that remians on the premises until further orders are entered. The Court finds that immediate and irreparable injury is likely to result, justifying the appointment of a receiver to protect the interests of all the parties. Reas. Cause exists to appoint a Receiver, grant pl's motion. After review of Ms. Goodall's CV, the Court finds her qualified to serve as receiver in this matter. The requirements of K.S.A. 60-1304 include the filing of a bond, sworn oath, etc.; [see full JMs when uploaded]. Mr. Biggs directed to prepare JE.
- Minutes Judge's Minutes
- ORD: Order (Generic) Order for Appointment of Receiver and Immediate Possession. MEC ORD: Order (Generic)
- Miscellaneous Letter Returned as to Guido K Bogner d/b/a Anchor Gold; Not Deliverable as Addressed
- INF: Judge Signed Order Notice for Further Action MEC INF: Judge Signed Order
- MOT: Motion (Generic) Plaintiff's Motion to Withdraw Motion for Appointment of Receiver MOT: Motion (Generic)
- Miscellaneous Notice of Further Action Sent to Guido K Bogner Returned Not Deliverable As Addressed
- INF: Judge Signed Order Order of Dismissal. MEC INF: Judge Signed Order
- Terminated Statistically Civil Case Termination Termination Date: 5/25/2022 Termination Type: Other Dismissal
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