Bret D. Landrith Defendant appearing Pro se 9743 Sagamore Rd, Leawood, KS 66206 Cell 913-951-1715 bret@bretlandrith.

com IN THE DISTRICT COURT OF JOHNSON COUNTY, KANSAS THE BANK OF NEW YORK v. JEFFERY ALLAN BASLER, et al ) ) ) ) ) Case No. 10CV1749 Court Number: 2

DEFENDANTS NOTICE OF SUPPLEMENTAL AUTHORITY REGARDING RELIEF FROM JUDGMENT UNDER K.S.A. 60-260 (b)(3) Comes now the defendant, BRET D. LANDRITH as the successor in interest to JEFFERY ALLAN BASLER, the defendant and makes the following notice of supplemental authority related to an issue raised by the plaintiffs in their motion to strike the defendants Relief From Judgment Under K.S.A. 60-260 (b)(3). The plaintiffs argue that this courts sustaining of the plaintiffs prior motion to strike the defendants filings including a Motion to Set Aside the Foreclosure under K.S.A. 60-255 determines that this court must strike the Relief From Judgment Under K.S.A. 60-260 (b)(3). The defendant argued in his pleadings and before the court that sustaining the motion to strike would not be an appealable order, and in his answer to the motion to strike informs the court that denial of K.S.A. 60-260 (b)(3) relief would be an appealable order. While researching the res judicata and collateral estoppel effect of a State of Kansas courts order to strike for the reply to Brian Frosts Motion to Dismiss in Bret D. Landrith, v. Kansas Attorney General Derek Schmidt, et al, KS Dist. Case No. 12-CV-02161-CM-GLR today, the defendant discovered that State of Kansas courts have determined when an Order Striking a pleading is a decision that is appealable as a final order. In State v. $895.00 U.S. Currency, 133 P.3d 91, 281 Kan. 819 at 99-101 (Kan., 2006) the Kansas Supreme Court stated: An order to strike is not "appealable unless it has the features of finality by serving the same purpose as a demurrer to test the sufficiency of a claim or defense." 4 Gard & Casad, Kansas C. of Civ. Proc. Annot. 60-212, p. 74 (4th ed.2003); see Harris v. City of Topeka, 180 Kan. 758, Syl. 1, 308 P.2d 88 (1957). Cf. G.S. Johnson Co. v. N. Sauer Milling Co., 148 Kan. 861, Syl. 1, 84 P.2d

Exhibit 6 LANDRITH Notice Of Supplemental Authority

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934 (1938) (where certain allegations in petition involve merits of the cause of action, order to strike allegations is appealable order and is equivalent to order sustaining demurrer). State v. $895.00 U.S. Currency, 133 P.3d 91, 281 Kan. 819 at 99-101 (Kan., 2006). The earlier case referenced by the State v. $895.00 U.S. Currency court, Harris v. City of Topeka stated; the established rule of this jurisdiction that rulings on motions to strike and make definite and certain rest in the sound discretion of the trial court and are not appealable unless they affect a substantial right and in effect determine the action. See Barnhouse v. Rowe, 178 Kan. 248, 284 P.2d 618; Vogt v. Drillers Gas Co., 178 Kan. 146, 283 P.2d 442; Meek v. Ames, 175 Kan. 564, 266 P.2d 270 Harris v. City of Topeka, 308 P.2d 88, 180 Kan. 758 (Kan., 1957). The other requirement from the State v. $895.00 U.S. Currency court that the Motion to Strike be equivalent to Motion for Demurrer (now a Motion to Dismiss For Failure to State a Claim The People's Law Dictionary by Gerald and Kathleen Hill Publisher Fine Communications; http://dictionary.law.com/Default.aspx?selected=487 ) from the earlier case Barnhouse v. Rowe, 178 Kan. 248, 284 P.2d 618 at 621 (Kan., 1955) stated: There is an additional reason why this motion was not the equivalent of a demurrer. As already herein set out, there were issuable facts joined by the pleadings and, therefore, the motion for judgment on the pleadings cannot be equivalent or tantamount to a demurrer. The decisions are abundant on this point. A few of them are Pease v. Snyder, 166 Kan. 451, 201 P.2d 661; Sullivan v. Paramount Film Distributing Corp., 168 Kan. 524, 213 P.2d 959, 14 A.L.R.2d 458, 469; Diehn v. Penner, 173 Kan. 41, 244 P.2d 215; Vogt v. Drillers Gas Co., 178 Kan. 146, 283 P.2d 442. Since the order overruling the motion for judgment on the pleadings was not an appealable order, this court is without jurisdiction in the case and the appeal must be dismissed. It is so ordered. Barnhouse v. Rowe, 178 Kan. 248, 284 P.2d 618 at 621-622 (Kan., 1955). The plaintiffs motion to strike dated September 14, 2011 disputes the fact that the defendant acquired a valid interest from JEFFERY ALLAN BASLER through a Quit Claim Deed on August 1, 2011 a mixed fact and law and raises other issuable facts.

Respectfully submitted,

S/Bret D. Landrith Bret D. Landrith Plaintiff appearing Pro se

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CERTIFICATE OF SERVICE I certify I have mailed a copy of the above Motion for Relief From Judgment under K.S.A. 60-260 (b)(3) to counsel for the plaintiff THE BANK OF NEW YORK on May 11, 2012 via the courts electronic filing system and by email. Ms. Carol G. Green Clerk of the Appellate Courts (Via U.S. Mail) David L. Boman KS #19896 South and Associates, PC 6363 College Blvd. Suite 100 Overland Park, KS 66211 David.Boman@Southlaw.com

S/Bret D. Landrith Bret D. Landrith Plaintiff appearing Pro se

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