60-1305. Appeal. An aggrieved party may, within 14 days, appeal from an order appointing or refusing to appoint a receiver without awaiting final determination of the proceeding. If a receiver has been appointed and the appellant files an appeal bond with such terms and conditions as the judge may direct, the appointment shall be suspended and the property retained in the possession of the appellant pending the final determination of the appeal.
History: L. 1963, ch. 303, 60-1305; L. 2010, ch. 135, § 174; July 1.
Source or prior law:
L. 1949, ch. 317, § 1.
Law Review and Bar Journal References:
"Some Comments on the New Code of Civil Procedure," Emmet A. Blaes, 12 K.L.R. 75, 78 (1963).
Survey of debtor-creditor law, Robert B. Morton, 12 K.L.R. 211, 231 (1963).
"Waiting for Judgment Day: Negotiating the Interlocutory Appeal in 8 Easy Lessons," Jonathan Paretsky, 78 J.K.B.A. No. 4, 30 (2009).
CASE ANNOTATIONS
Prior law cases, see G.S. 1961 Supp., 60-1209.
1. Cited in upholding denial of pro se motion under K.S.A. 60-1507. Hensley v. State, 199 Kan. 728, 730, 433 P.2d 344.
2. Cited; order appointing receiver is appealable regardless of amount in controversy. First Federal Savings & Loan Ass'n v. Moulds, 202 Kan. 557, 560, 451 P.2d 215.
3. Cited; in an action to foreclose a mortgage, no abuse of discretion for trial court's ex parte appointment of a receiver. Hutton v. Rainbow Tower Associates, 226 Kan. 410, 601 P.2d 665.
4. Cited; UCC provision (K.S.A. 84-9-101 et seq.) dealing with secured party's interest after debtor files federal bankruptcy (Chap. 7) examined. Maxl Sales Co. v. Critiques, Inc., 796 F.2d 1293, 1296 (1986).
5. K.S.A. 60-1305 is not mandatory; a person may appeal an order appointing a receiver without awaiting final determination. In re Metcalf Assocs.-2000, 42 Kan. App. 2d 412, 213 P.3d 751 (2009).
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