Harder v. Estate of Foster
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The Supreme Court affirmed the decision of the district court determining that Appellant's claim for attorney fees and expenses should be decided by the court and not a jury, holding that Section 5 of the Kansas Constitution Bill of Rights does not guarantee the right to a jury trial to determine an award of attorney fees and expenses.
The two cases leading to the attorney fee dispute arose of the sale of real property to Appellant. The first lawsuit was filed in 2013, and the second lawsuit was filed in 2015. After the case was decided, the district court denied Appellant's request for a jury trial on the issue of attorney fees and expenses, determining that the issue would be heard by the court and not by a jury. The Supreme Court affirmed, holding (1) the Kansas Constitution does not guarantee the right to a jury trial to determine whether attorney fees and expenses should be award; (2) Appellant waived her request for a jury trial to determine attorney fees in the 2013 case; and (3) Appellant's claim for attorney fees under the third-party litigation exception to the American rule is an equitable claim that should be decided by the court rather than a jury.
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