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EVENSON TRUCKING CO. v. ARANDA

No. 91,311.

280 Kan. 821 (2006)

EVENSON TRUCKING CO., Appellant, v. FRED ARANDA, Appellee.

Supreme Court of Kansas.

Opinion filed February 3, 2006.

Attorney(s) appearing for the Case

Daniel G. Menzie, of Klenda, Mitchell, Austerman & Zuercher, L.L.C., of Wichita, argued the cause, and Stephen L. Brave, of the same firm, was on the brief for appellant.

William J. Graybill, of Graybill, Witcher & Ambrosier, of Elkhart, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

NUSS, J.:

This case concerns the propriety of court-ordered sanctions against a party. Evenson Trucking Co. (Evenson) filed suit against Fred Aranda for damages to its truck. After the suit was dismissed with prejudice, Aranda filed for sanctions against Evenson, which the district court imposed pursuant to K.S.A. 2004 Supp. 60-211(c). The Court of Appeals reversed the award in Evenson Trucking Co. v. Aranda,

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