Giblin v. Giblin

The opinion was delivered by The trial court, pursuant to K.S.A. 1992 Supp. 60-211 and
K.S.A. 60-2007, assessed attorney fees and expenses against Jim
and Judy Giblin and their attorney, Marvin E. Thompson
(appellants). They appealed. The Court of Appeals affirmed in an
unpublished opinion filed November 13, 1992. We accepted review. To resolve this issue, it is necessary to set forth many of the
facts and, in so doing, to focus the issue directly on the
appellants' knowledge and intent in filing a response to a motion
William F. Helm, Jr., in various capacities, filed. He sought to
enforce a purported settlement agreement set forth in a letter
dated August 16, 1991. Also of some importance is the
testamentary capacity of Frances Helm Giblin (Mrs. Giblin) on
February 1 and 8, 1991.