CASE ANNOTATIONS

1. Absent abuse of discretion, assessment of attorney fees will not be disturbed on appeal. Cornett v. Roth, 233 Kan. 936, 945, 666 P.2d 1182 (1983).

2. Cited in dissent where court allowed direct appeal from sentence imposed after guilty plea. State v. Green, 233 Kan. 1007, 1015, 666 P.2d 716 (1983).

3. Where action had reasonable basis in fact and brought in good faith, no error in denying extraordinary costs. Betts v. General Motors Corp., 236 Kan. 108, 118, 689 P.2d 795 (1984).

4. Denial of motions to assess costs proper where unreasonable, oppressive conduct frivolity and bad faith absent. City of Shawnee v. Webb, 236 Kan. 504, 512, 694 P.2d 896 (1985).

5. Attorney fees in will contest disallowed where court found suit not frivolous nor instigated in bad faith. In re Estate of Kern, 239 Kan. 8, 20, 716 P.2d 528 (1986).

6. Both requirements of (b) must be met before attorney fees and expenses can be assessed. Smith v. Dunn, 11 Kan. App. 2d 343, 346, 720 P.2d 1137 (1986).

7. Counsel held severally liable with client for frivolous petition that distorted and misquoted the law. North Cent. Kan. Prod. Credit Ass'n v. Hansen, 240 Kan. 671, 676, 732 P.2d 726 (1987).

8. Cited; denial of taxing deposition costs on plaintiff to avoid "chilling effect" on bona fide constitutional claims examined. R. B. Enterprises, Inc. v. State, 242 Kan. 241, 250, 747 P.2d 152 (1987).

9. Cited; attorney fees assessed against plaintiff's counsel as sanction 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, 15, 755 P.2d 502 (1988).

10. Statute has no application or force in federal court controlled by federal rules. Jones v. Credit Bureau of Garden City, Inc., 703 F. Supp. 897, 899 (D. Kan. 1988).

11. Cited; reasonableness of register of deeds in refusing to file mortgage with open-minded future advance clause examined. Halliburton Co. v. Board of Jackson County Comm'rs, 12 Kan. App. 2d 704, 755 P.2d 1344 (1988).

12. Trial court's discretion in granting sanctions for plaintiff's lack of good cause and good faith to modify law examined. Summers v. Montgomery Elevator Co., 243 Kan. 393, 399, 757 P.2d 1255 (1988).

13. Assessing filing fee cost examined after adverse determination in K.S.A. 60-1507 motion filed under poverty affidavit. Fought v. State, 14 Kan. App. 2d 17, 19, 781 P.2d 742 (1989).

14. Purpose of statute is to penalize only willful misuses of the judicial process. Southgate Bank v. Fidelity & Deposit Co. of Maryland, 14 Kan. App. 2d 454, 460, 794 P.2d 310 (1990).

15. Absent abuse of discretion, trial court's sanctions ruling will not be disturbed on appeal; attorney fees assessment examined. Reyna v. General Group of Companies, 15 Kan. App. 2d 591, 595, 596, 814 P.2d 961 (1991).

16. Provisions of (b) reviewed and applied. Professional Builders, Inc. v. Sedan Floral, Inc., 16 Kan. App. 2d 180, 182, 186, 187, 819 P.2d 1254 (1991).

17. Attorney fees denied; it was not found that the petition was without a reasonable basis in fact and not in good faith. Jarvis v. Drake, 250 Kan. 645, 653, 830 P.2d 23 (1992).

18. Noted in discussion of 1986 statutory amendments to K.S.A. 60-211; sanctions imposed examined. Fankhauser v. Bank IV Emporia, 251 Kan. 217, 218, 833 P.2d 1002 (1992).

19. Under facts stated, trial court erred in determining pleading had no reasonable basis in fact and lacked good faith. Giblin v. Giblin, 253 Kan. 240, 255, 854 P.2d 816 (1993).

20. Cited; whether trial court abused discretion in awarding attorney fees examined. State v. Kendig, 19 Kan. App. 2d 128, 143, 865 P.2d 218 (1994).

21. Whether court should award respondent attorney fees because plaintiff filed action in bad faith examined. Gragg v. Rhoney, 20 Kan. App. 2d 123, 134, 884 P.2d 443 (1994).

22. Trial court's failure to specify any pleading motion for sanctions referred to constituted reversible error. In re Marriage of Stockham, 23 Kan. App. 2d 197, 199, 928 P.2d 104 (1996).

23. No showing that no reasonable person would agree with court's award of costs and attorney fee; award upheld. Sage v. Williams, 23 Kan. App. 2d 624, 632, 933 P.2d 775 (1997).

24. Decision claim unsupported by case law not frivolous enough justifying attorney fees not abuse of court's discretion. In re Estate of Winslow, 23 Kan. App. 2d 670, 671, 677, 934 P.2d 1001 (1997).

25. Substantial competent evidence supported imposition of sanctions and revocation of attorney's pro hac vice admission. Subway Restaurants, Inc. v. Kessler, 266 Kan. 433, 438, 442, 970 P.2d 526 (1998).

26. Trial court imposition of sanctions against attorney for filing frivolous lawsuit upheld. Bus. Opportunities Unlimited, Inc. v. Envirotech Heat. & Cooling, Inc., 26 Kan. App. 2d 616, 620, 992 P.2d 1250 (1999).

27. Trial court did not abuse discretion in denying plaintiff's motion for sanctions or in assessing costs. Noll v. Burns, 26 Kan. App. 2d 895, 899, 995 P.2d 912 (2000).

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