Appellate Reversal After “7 Days to Find Counsel” Deadline

NEW CASE: A.K. v. Heit, No. 126,730 (Kan. Ct. App. June 6, 2025)

The Kansas Court of Appeals today reversed a dismissal with prejudice in a long-running medical malpractice case, finding the trial court abused its discretion by giving the plaintiff only seven days to find substitute counsel after her attorney withdrew for medical reasons.

In A.K. v. Heit, the case had already experienced multiple delays—spanning more than four years—due to COVID-19, discovery disputes, missed deadlines, and attorney illness. After plaintiff’s counsel withdrew shortly before the third trial setting, the court denied further continuance and dismissed the case when no new attorney entered an appearance within a week.

The Court upheld the decision to allow withdrawal and deny a continuance but reversed the with prejudice dismissal, noting the lack of analysis of prejudice to the defendant or alternatives short of dismissal. The panel stressed that while trial courts have broad discretion, the law favors decisions on the merits—especially when the fault lies with counsel, not the litigant.

[June 6, 2025 | Kan. Ct. App. | No. 126,730 | Not designated for publication]