Bank Midwest, N.A. v. Loveland

Filing 44

MEMORANDUM AND ORDER granting 42 Plaintiff Bank Midwest, N.A.'s Motion for Revivor of Judgment and Request for Execution. Signed by District Judge J. Thomas Marten on 6/14/2019. (mam)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
ARMED FORCES BANK, Successor by Merger
to Bank Midwest, N.A.,
Plaintiff,
vs.

Case No. 10-2635-JTM

MICHAEL G. LOVELAND,
Defendant.

MEMORANDUM AND ORDER

This matter is before the court on the motion by Armed Forces Bank, the successorby-merger to Bank Midwest, for a revivor of the November 22, 2011 judgment pursuant
to K.S.A. 60-2404. The plaintiff renewed the judgment on January 25, 2017 (Dkt. 41), and
defendant has made no additional payments since then. No party has filed any rejection
or opposition to the motion, or to the attached evidence showing the amount outstanding.
The court finds the judgment has not become dormant under K.S.A. 60-2304(a)(1),
and remains enforceable for five years after the 2017 renewal. The court also finds, in the
alternative, that even if the judgment had become dormant, it was properly revived by
the present motion, and remains enforceable.

IT IS ACCORDINGLY ORDERED this day of June, 2019, that the plaintiff’s motion
(Dkt. 42) is granted as provided herein.

s/ J. Thomas Marten
J. Thomas Marten, Judge

2