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GIBLIN v. GIBLIN

No. 67,736

253 Kan. 240 (1993)

854 P.2d 816

FRANCES HELM GIBLIN, a/k/a FRANCES H. GIBLIN, an incapacitated person, by her brother and next friend, WILLIAM F. HELM, JR.; and WILLIAM F. HELM, JR., individually and on behalf of the beneficiaries of the Frances H. Giblin Trust No. 1 and First Supplemental Trust Agreement dated April 1, 1987, Appellees, v. CORNELIUS J. GIBLIN, III, a/k/a JIM GIBLIN, individually and as trustee under Third Supplemental Trust Agreement dated February 8, 1991; JUDITH GIBLIN, individually and as the purported successor trustee under Third Supplemental Trust Agreement dated February 8, 1991, and their attorney, MARVIN E. THOMPSON, Appellants.

Supreme Court of Kansas.

Opinion filed June 16, 1993.

Attorney(s) appearing for the Case

Marvin E. Thompson, of Thompson, Arthur & Davidson, of Russell, argued the cause, and Mark Arthur, Jr., and Dennis R. Davidson, of the same firm, were with him on the briefs for appellants.

Paula J. Wright, of Clark, Mize & Linville, Chartered, of Salina, argued the cause, and Dana P. Ryan, of the same firm, was with her on the briefs for appellees.

The opinion was delivered by

ABBOTT, J.:

The trial court, pursuant to K.S.A. 1992 Supp. 60-211 and K.S.A. 60-2007, assessed attorney fees and expenses against Jim and Judy Giblin and their attorney, Marvin E. Thompson (appellants). They appealed. The Court of Appeals affirmed in an unpublished opinion filed November 13, 1992. We accepted review.

To resolve this issue, it is necessary to set forth many of the facts and, in so doing, to focus the issue...

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