60-905. Temporary injunction; notice, hearing and bond. (a) Notice and hearing. No temporary injunction shall be granted until after reasonable notice to the party to be enjoined and an opportunity to be heard.
(b) Bond. Unless otherwise provided by statute or this section, no temporary injunction shall operate unless the party obtaining the same shall give an undertaking with one or more sufficient sureties in an amount fixed and approved by the judge of the court, securing to the party injured the damages such injured party may sustain including attorney fees if it be finally determined that the injunction should not have been granted. Neither the state nor any of its agencies shall be required to give an undertaking with one or more sufficient sureties in order to be granted a temporary injunction. For any other party, at the discretion of the judge, the undertaking required by this subsection may be waived.
History: L. 1963, ch. 303, 60-905; L. 1988, ch. 214, § 1; L. 1993, ch. 108, § 2; July 1.
Source or prior law:
(a). G.S. 1868, ch. 80, § 240; L. 1909, ch. 182, § 252; R.S. 1923, 60-1108.
(b). G.S. 1868, ch. 80, § 242; L. 1909, ch. 182, § 254; R.S. 1923, 60-1110.
Law Review and Bar Journal References:
"Recovery of Attorney Fees in Kansas," Mark A. Furney, 18 W.L.J. 535, 561 (1979).
"Sanctions Against Lawyers," Tim Alvarez, J.K.T.L.A., Vol. XIII, No. 1, 7, 8 (1989).
CASE ANNOTATIONS
Prior law cases, see G.S. 1949, 60-1108, 60-1110 and the 1961 Supp. thereto.
1. Bond is designed to cover damages of party injured, not damage of others. Alder v. City of Florence, 194 Kan. 104, 110, 111, 397 P.2d 375.
2. Provisions discussed and applied; no bond ordered or given. Ostler v. Nickel, 196 Kan. 477, 479, 413 P.2d 303.
3. Temporary injunction hereunder does not require verified petition; ex parte procedure under K.S.A. 60-902 distinguished. Chee-Craw Teachers Association v. U.S.D. No. 247, 225 Kan. 561, 562, 563, 593 P.2d 406.
4. Questions on bond premature until damages from wrongful injunction determined on remand. U.S.D. No. 503 v. McKinney, 236 Kan. 224, 236, 689 P.2d 860 (1984).
5. Consolidation of hearing on application for temporary injunction with trial on merits without notice to parties is reversible error. Omni Outdoor Advertising of Missouri, Inc. v. City of Topeka, 241 Kan. 132, 734 P.2d 1133 (1987).
6. Cited; attorney fees assessed against plaintiff's counsel for pursuing punitive damages unreasonable and in bad faith (K.S.A. 60-2007) examined. Rood v. Kansas City Power & Light Co., 243 Kan. 14, 22, 755 P.2d 502 (1988).
7. Trial court did not err in issuing TRO based on plaintiff's substantial likelihood of prevailing on nuisance claim. St. David's Episcopal Church v. Westboro Baptist Church, Inc., 22 Kan. App. 2d 537, 542, 921 P.2d 821 (1996).
8. Imposition of permanent injunction without giving enjoined party right to be heard reversed. Kansas East Conf. of the United Methodist Church v. Bethany Med. Ctr., 266 Kan. 366, 381, 969 P.2d 859 (1998).
9. Damages and attorney fees may be awarded under subsection (b) even where bond requirement is waived by trial court. Brady Fluid Svc., Inc. v. Jordan, 25 Kan. App. 2d 788, 795, 972 P.2d 787 (1998).
10. Court outlines the circumstances under which attorney fees can be recovered in a temporary injunction proceeding. Idbeis v. Wichita Surgical Specialists, 285 Kan. 485, 486, 488, 489, 493, 495, 175 P.3d 642 (2007).
11. A temporary injunction is valid, regardless of whether the trial court waives the bond requirement. State ex rel. Schmidt v. Nye, 56 Kan. App. 2d 883, 892, 440 P.3d 585, 592 (2019).
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