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EXCEL CORP. v. JIMENEZ

No. 81,251.

269 Kan. 291 (2000)

7 P.3d 1118

EXCEL CORPORATION, Appellee, v. LUDIVINA JIMENEZ, Defendant, and HENRY GOERTZ, Appellant.

Supreme Court of Kansas.

Opinion filed June 2, 2000.

Attorney(s) appearing for the Case

Kelly W. Johnston, of The Johnston Law Offices, P.A., of Wichita, argued the cause and was on the brief for appellant.

Stephen M. Kerwick, of Foulston & Siefkin, L.L.P., of Wichita, argued the cause, and David J. Rebein, of the same firm, of Dodge City, was with him on the brief for appellee.

Constance L. Shidler and Kurt A. Level, of Herndon & Level, Chtd., of Overland Park, were on the brief for amicus curiae Kansas Trial Lawyers Association.

The opinion of the was court delivered by

SIX, J.:

This summary judgment case concerns an employer's claim against an attorney for return of a 25 per cent contingent attorney fee arising from a fraudulent workers compensation award.

Plaintiff Excel Corporation filed a K.S.A. 44-5,120 et seq. "fraud and abuse" civil action. The district court ordered the defendant attorney, Henry Goertz, to return the fee. Goertz appeals.

The Kansas Trial...

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