Idbeis v. Wichita Surgical Specialists, P.A.

The opinion of the court was delivered by

Luckert, J.:

This appeal raises an issue of first impression; When a party who receives a temporary injunction and posts an injunction bond does not ultimately prevail in the action, is the party hable under K.S.A. 60-905(b) for the attorney fees and expenses incurred by the opposing party, including fees incurred during a trial on the merits and during an appeal, even though the opposing party files a counterclaim and seeks a temporary and permanent injunction? Because damages payable by injunction bonds are generally limited to those actually and…