MILLER v. BOTWIN

No. 71,703

258 Kan. 108 (1995)

VICTOR W. MILLER, Appellee/Cross-appellant, v. ARNOLD E. BOTWIN, M.D., Appellant/Cross-appellee.

Supreme Court of Kansas.

Opinion filed July 14, 1995.


Attorney(s) appearing for the Case

T. Bradley Manson, of Payne & Jones, Chartered, of Overland Park, argued the cause, and Donald R. Whitney, of the same firm, and Douglas A. Alpert, of Botwin & Company, of Kansas City, were with him on the briefs for appellant/cross-appellee.

Todd B. Butler, of Shaw, Hergenreter, Quarnstrom & Kocher, of Topeka, argued the cause and was on the brief for appellee/cross-appellant.


The opinion of the court was delivered by

ABBOTT, J.:

This is a lawsuit by Victor Miller, an attorney, to recover attorney fees from Arnold Botwin, M.D., based on a written contingency fee agreement. Botwin counterclaimed, seeking to have the trial court declare the contingency fee agreement unenforceable and for the trial court to determine a reasonable fee. Following a bench trial, the trial court entered judgment in favor of Miller in the amounts of $59...

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