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HOWARD v. EDWARDS

No. 56,145

9 Kan. App. 2d 763 (1984)

689 P.2d 911

JUDY L. HYRE HOWARD, Appellant, v. CONNIE J. EDWARDS, Appellee.

Court of Appeals of Kansas.

Opinion filed October 11, 1984.

Attorney(s) appearing for the Case

James M. Sheeley, of Kansas City, for the appellant.

William P. Coates, Jr., of Rushfelt, Mueller, Druten and Moran, of Overland Park, for the appellee.

Before FOTH, C.J., ABBOTT and SWINEHART, JJ.

FOTH, C.J.:

This is an appeal from an order denying attorney fees claimed to have been earned under K.S.A. 40-3113a(e) by recovering personal injury protection (PIP) benefits for plaintiff's insurer. The trial court's order was based on a finding that the "recovery" for which attorney fees was sought did not represent PIP benefits but instead constituted advance payment of damages under K.S.A. 40-275. Although the appeal has been prosecuted in the names of the parties...

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