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DEFFENBAUGH INDUSTRIES, INC. v. WILCOX

No. 84,396.

28 Kan. App.2d 19 (2000)

11 P.3d 98

DEFFENBAUGH INDUSTRIES, INC., and HARTFORD CASUALTY INSURANCE Co., d/b/a SPECIALTY RISK SERVICES, Appellants, v. WILLIAM E. WILCOX, and DAN LYKINS, Appellees.

Court of Appeals of Kansas.

Opinion filed September 29, 2000.

Attorney(s) appearing for the Case

Hal E. Pierce, and Michael W. Wharton, of Couch, Pierce, King & Hoffmeister, Chartered, of Overland Park, for appellants.

Dan Lykins, of Bryan, Lykins, Hejtmanek & Fincher, P.A., of Topeka, for appellees.

Before BRAZIL, C.J., GREEN, J., and WILLIAM F. LYLE, JR., District Judge, assigned.

GREEN, J.:

Deffenbaugh Industries, Inc. (Deffenbaugh) and Hartford Casualty Insurance Co. (Hartford) appeal from a declaratory judgment granted to Dan Lykins, a Topeka attorney, and his client William E. Wilcox, in an action to recover attorney fees under K.S.A. 44-504. On appeal, Deffenbaugh and Hartford argue that they are not required to pay a proportionate share of Lykins' attorney fees under K.S.A. 44-504 because...

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