IDBEIS v. WICHITA SURGICAL SPECIALISTS

No. 96,606.

173 P.3d 642 (2007)

Badr IDBEIS, M.D., Plaintiff, and Gary S. Benton, M.D., Robert H. Fleming, M.D. and John D. Rumisek, M.D., Plaintiffs/Appellants, v. WICHITA SURGICAL SPECIALISTS, P.A., Appellee.

Supreme Court of Kansas.

December 21, 2007.


Attorney(s) appearing for the Case

Todd E. Shadid, of Klenda, Mitchell, Austerman & Zuercher, L.L.C., of Wichita, argued the cause, and Christopher A. McElgunn and Gary M. Austerman, of the same firm, were with him on the briefs for appellants.

Gary L. Ayers, of Foulston Siefkin LLP, of Wichita, argued the cause and was on the brief for appellee.


The opinion of the court was delivered by LUCKERT, J.:

This appeal raises an issue of first impression: When a party who receives a temporary injunction and posts an injunction bond does not ultimately prevail in the action, is the party liable under K.S.A. 60-905(b) for the attorney fees and expenses incurred by the opposing party, including fees incurred during a trial on the merits and during an appeal, even though the opposing party files a counterclaim and seeks...

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