DeSpiegelaere v. Killion

Rogg, J.:

Thomas J. and Holly K. DeSpiegelaere brought suit against Mark R. and Marilyn G. Killion, alleging breach of contract, fraud, and Kansas Consumer Protection Act (KCPA) violations. The fraud and KCPA claims were dismissed against Marilyn Kil lion. The jury found Mark Killion liable on the breach of contract, fraud, and KCPA claims.

The Killions appeal the district court’s award of attorney fees. The DeSpiegelaeres cross-appeal the district court’s decision not to award out-of-pocket expenses as part of its award of attorney fees.

Mark Killion is a home builder in Olathe, Kansas. In July…