Printable Format60-910. Vacating or modifying order. (a) Before final judgment. At any time before the judgment the party restrained or enjoined may apply to the judge of the court in which the action is brought, to vacate or modify the same. The application may be made upon the petition and affidavits upon which the restraining order or injunction is granted, or upon affidavits on the part of the party restrained, with or without answer.
(b) After final judgment. Any interested party, including a party subsequently acquiring an interest in the subject matter of the injunction, may file a petition in the same action to have a judgment of permanent injunction vacated or modified. The petition shall be verified, filed in the court from which the judgment issued, and shall state that there has been a change in conditions rendering the injunction unnecessary or partially unnecessary and that petitioner's interests are being adversely affected. The changed conditions shall be stated in reasonable detail. The procedure pertaining to original civil actions shall be followed. If the judge, after hearing, finds that the petition was not filed in good faith, the judge shall assess the expenses and reasonable attorneys' fees against the petitioner for those parties who have defended against the application, the same to be collected as costs in the action.
History: L. 1963, ch. 303, 60-910; January 1, 1964.
Source or prior law:
(a). G.S. 1868, ch. 80, §§ 250, 251; L. 1909, ch. 182, §§ 262, 263; R.S. 1923, 60-1118, 60-1119.
Cross References to Related Sections:
Serving and presenting affidavits in connection with motions, see 60-206(d).
Use of affidavits in support of motions based on certain facts, see 60-243(d).
Relief from final judgment in certain cases, see 60-260(b).
Law Review and Bar Journal References:
"Recovery of Attorney Fees in Kansas," Mark A. Furney, 18 W.L.J. 535, 549, 561 (1979).
"Sanctions Against Lawyers," Tim Alvarez, J.K.T.L.A., Vol. XIII, No. 1, 7, 8 (1989).
CASE ANNOTATIONS
Prior law cases, see G.S. 1949, 60-1118.
1. Subsection (b) mentioned in appeal of judgment enjoining construction of school athletic facilities in residential area. Vickridge Homeowners Ass'n., Inc. v. Catholic Diocese of Wichita, 212 Kan. 348, 363, 510 P.2d 1296.
2. Trial court has power and authority to enlarge and supplement injunction once order has been entered and to provide for enforcement. Koch Engineering Co. v. Faulconer, 227 Kan. 813, 829, 610 P.2d 1094.
3. Cited; attorney fees assessed against plaintiff's counsel for pursuing punitive damages unreasonable and in bad faith (K.S.A. 60-2007) examined. Rood v. Kansas City Power & Light Co., 243 Kan. 14, 22, 755 P.2d 502 (1988).