Opinion
No. 106,644.
2013-05-3
Kyle JIM, an incapacitated person, by and through his legal guardian and next friend, Margie GRIMES, Appellants, v. Lyndon GAMELSON, M.D.; Terry Summerhouse, M.D.; and Via Christi Regional Medical Center–St. Francis Campus, a/k/a Via Christi Health System, Inc., a Kansas corporation, Defendants, and Russell Mills, Mark Sevart, and William Kehr, Appellees.
Appeal from Sedgwick District Court; Eric R. Yost, Judge. Troy H. Gott, of Brennan Gott Law, PA, of Wichita, and John Sheehy and Michael Snyder, of Meshbesher & Spence, Ltd., of Minneapolis, Minnesota, for appellants. John Terry Moore, of Moore Martin, L.C, of Wichita, for appellees.
Appeal from Sedgwick District Court; Eric R. Yost, Judge.
Troy H. Gott, of Brennan Gott Law, PA, of Wichita, and John Sheehy and Michael Snyder, of Meshbesher & Spence, Ltd., of Minneapolis, Minnesota, for appellants. John Terry Moore, of Moore Martin, L.C, of Wichita, for appellees.
Before LEBEN, P.J., PIERRON and STANDRIDGE, JJ.
MEMORANDUM OPINION
PER CURIAM.
This is a posttrial dispute related to the $1.6 million in attorney fees that resulted from the successful prosecution of a medical malpractice case. The case, as between the underlying plaintiff and the defendants, ended in a jury trial award, which no party appealed. The remaining issue, and the only subject of this appeal, is a highly contentious dispute over attorney fees between the plaintiffs' first and second sets of attorneys. More specifically, the plaintiffs' first set of attorneys, Russell Mills, Mark Sevart, and William Kehr (Former Counsel), filed an attorney's lien in the amount of $1.2 million (now reduced to $1.1 million), and the plaintiffs' second set of attorneys contested that fee claim on a number of grounds.
The district court held an evidentiary hearing on Former Counsel's attorney's lien. Thereafter, the court issued an extremely thorough 73–page ruling and order, including an excellent, detailed chronological recitation of the court's findings of fact and a comprehensive analysis of the factors for determining reasonable attorney fees under KRPC Rule 1.5 (2012 Kan. Ct. Annot. 492) and K.S.A. 7–121b in light of those factual findings. The court ultimately concluded that Former Counsel should be awarded attorney fees of $696,071.20, plus interest.
Having independently reviewed the record on appeal, the thorough written ruling issued by the district court, and the parties' appellate briefs, we affirm the district court's decision under Supreme Court Rule 7.042(b)(3), (5), and (6) (2012 Kan. Ct. R. Annot. 63) because no reversible error of law appears, the findings of fact of the district court are supported by substantial competent evidence, the opinions or findings of fact and conclusions of law of the district court adequately explain the decision, and the district court did not abuse its discretion.
Affirmed.