The trial court granted Shultz' motion for summary judgment and dismissed Robert's claims. Robert timely appeals to this court. On appeal, Robert claims that the date for determining the applicable statute of limitations is not when the acts occurred, but when the cause of action accrues. Robert argues that the first time he could have prosecuted this case to a successful conclusion was December 23, 1998. Robert contends that the statute of limitations for his claims as tolled during the remand proceedings on Roth and Lelyn's original action, and he did not have the opportunity to file an action until a final judgment was rendered.
Summary judgment is proper where the only question or questions presented are questions of law.
24 Kan. App. The standard of review for a motion for summary judgment is well established. Summary judgment is appropriate when the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. On appeal, we apply the same rules, and where we find reasonable minds could differ as to the conclusions drawn from the evidence, summary judgment must be denied. In general, the running of the statute of limitations for a cause of action commences as soon as the right to maintain a legal action arises, the true test being at what point in time the plaintiff could first have filed and prosecuted his or her action to a successful completion.