KANSAS OFFICE of
  REVISOR of STATUTES

  

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60-2103. Appellate procedure. (a) When and how taken. When an appeal is permitted by law from a district court to an appellate court, the time within which an appeal may be taken shall be 30 days from the entry of the judgment, as provided by K.S.A. 60-258, and amendments thereto, except that upon a showing of excusable neglect based on a failure of a party to learn of the entry of judgment the district court in any action may extend the time for appeal not exceeding 30 days from the expiration of the original time herein prescribed. The running of the time for appeal is terminated by a timely motion made pursuant to any of the rules hereinafter enumerated, and the full time for appeal fixed in this subsection commences to run and is to be computed from the entry of any of the following orders made upon a timely motion under such rules: Granting or denying a motion for judgment under K.S.A. 60-250(b), and amendments thereto; or granting or denying a motion under K.S.A. 60-252(b), and amendments thereto, to amend or make additional findings of fact, whether or not an alteration of the judgment would be required if the motion is granted; or granting or denying a motion under K.S.A. 60-259, and amendments thereto, to alter or amend the judgment; or denying a motion for new trial under K.S.A. 60-259, and amendments thereto.

A party may appeal from a judgment by filing with the clerk of the district court a notice of appeal. Failure of the appellant to take any of the further steps to secure the review of the judgment appealed from does not affect the validity of the appeal, but is ground only for such remedies as are specified in this chapter, or when no remedy is specified, for such action as the appellate court having jurisdiction over the appeal deems appropriate, which may include dismissal of the appeal. If the record on appeal has not been filed with the appellate court, the parties, with the approval of the district court, may dismiss the appeal by stipulation filed in the district court, or that court may dismiss the appeal upon motion and notice by the appellant.

(b) Notice of appeal. The notice of appeal shall specify the parties taking the appeal; shall designate the judgment or part thereof appealed from, and shall name the appellate court to which the appeal is taken. The appealing party shall cause notice of the appeal to be served upon all other parties to the judgment as provided in K.S.A. 60-205, and amendments thereto, but such party's failure so to do does not affect the validity of the appeal.

(c) Security for costs. Security for the costs on appeal shall be given in such sum and manner as shall be prescribed by a general rule of the supreme court unless the appellate court shall make a different order applicable to a particular case.

(d) Supersedeas bond. (1) Whenever an appellant entitled thereto desires a stay on appeal, such appellant may present to the district court for its approval a supersedeas bond which shall have such surety or sureties as the court requires. Subject to paragraph (2), the bond shall be conditioned for the satisfaction of the judgment in full together with costs, interest, and damages for delay, if for any reason the appeal is dismissed, or if the judgment is affirmed, and to satisfy in full such modification of the judgment such costs, interest, and damages as the appellate court may adjudge and award. When the judgment is for the recovery of money not otherwise secured, the amount of the bond shall be fixed at such sum as will cover the whole amount of the judgment remaining unsatisfied, costs on the appeal, interest, and damages for delay, unless the court after notice and hearing and for good cause shown fixes a different amount or orders security other than the bond. When the judgment determines the disposition of the property in controversy as in real actions, replevin, and actions to foreclose mortgages or when such property is in the custody of the sheriff or when the proceeds of such property or a bond for its value is in the custody or control of the court, the amount of the supersedeas bond shall be fixed after notice and hearing at such sum only as will secure the amount recovered for the use and detention of the property, the costs of the action, costs on appeal, interest, and damages for delay. When an order is made discharging, vacating, or modifying a provisional remedy, or modifying or dissolving an injunction, a party aggrieved thereby shall be entitled, upon application to the judge, to have the operation of such order suspended for a period of not to exceed 14 days on condition that, within such period of 14 days such party shall file a notice of appeal and obtain the approval of such supersedeas bond as is required under this section.

(2) (A) Except as provided in subparagraphs (C) and (D), if an appellant appeals from any form of judgment based on any legal theory and seeks a stay of enforcement during the period of appeal, the supersedeas bond shall be set at the full amount of the judgment. If the appellant proves by a preponderance of the evidence that setting the supersedeas bond at the full amount of the judgment will result in the appellant suffering an undue hardship or a denial of the right to an appeal, then the court may reduce the amount of the supersedeas bond as follows:

(i) If the judgment is less than or equal to $1,000,000 in value, the supersedeas bond shall be set at the full amount of the judgment; or

(ii) if the judgment exceeds $1,000,000 in value, the supersedeas bond shall be set at a total of $1,000,000 plus 25% of any amount in excess of $1,000,000.

(B) (i) There shall be a rebuttable presumption that an appellant will suffer an undue hardship pursuant to subparagraph (A) when the:

(a) Judgment amount exceeds $2,500,000;

(b) defendant is a small business; and

(c) judgment is for a claim arising from activities within the appellant's ordinary course of business.

(ii) For the purposes of this subparagraph, "small business" means a sole proprietorship, partnership, limited liability company, corporation or other business entity, whether for-profit or not-for-profit, that has between two and 50 employees and is not a corporate affiliate or subsidiary of, or owned in whole or in part by, any other business.

(C) The amount of a supersedeas bond shall not exceed $25,000,000, regardless of the full amount of the judgment.

(D) The limitations on the amount of a supersedeas bond established by subparagraph (A), (B) or (C) shall not apply if the appellee proves by a preponderance of the evidence that the appellant bringing the appeal is purposefully dissipating or diverting assets outside of the ordinary course of its business, or is likely to purposefully dissipate or divert assets outside of the ordinary course of its business, for the primary purpose of avoiding ultimate payment of the judgment. In such event, the court may enter such orders as are necessary to stop the dissipation and diversion of assets, including a requirement that the appellant post a bond in the full amount of the judgment.

(E) Nothing in this section shall be construed to prohibit a court from setting a supersedeas bond in a lower amount as may be otherwise required by law or for good cause shown.

(F) A bond shall not be found insufficient under any other provision of law due to limits imposed under this subsection.

(e) Failure to file or insufficiency of bond. If a supersedeas bond is not filed within the time specified, or if the bond filed is found insufficient, and if the action is not yet docketed with the appellate court, a bond may be filed at such time before the action is so docketed as may be fixed by the district court. After the action is so docketed, application for leave to file a bond may be made only in the appellate court.

(f) Judgment against surety. By entering into a supersedeas bond given pursuant to subsections (c) and (d), the surety submits such surety's self to the jurisdiction of the court and irrevocably appoints the clerk of the court as such surety's agent upon whom any papers affecting such surety's liability on the bond may be served. Such surety's liability may be enforced on motion without the necessity of an independent action. The motion and such notice of the motion as the judge prescribes may be served on the clerk of the court who shall forthwith mail copies to the surety if such surety's address is known.

(g) Docketing record on appeal. The record on appeal shall be filed and docketed with the appellate court at such time as the supreme court may prescribe by rule.

(h) Cross-appeal. When notice of appeal has been served in a case and the appellee desires to have a review of rulings and decisions of which such appellee complains, the appellee shall, within 21 days after the notice of appeal has been served upon such appellee and filed with the clerk of the trial court, give notice of such appellee's cross-appeal.

(i) Intermediate rulings. When an appeal or cross-appeal has been timely perfected, the fact that some ruling of which the appealing or cross-appealing party complains was made more than 30 days before filing of the notice of appeal shall not prevent a review of the ruling.

(j) The amendments to subsection (d) by this act* shall apply to any proceeding that is filed on or after the effective date of this act.

History: L. 1963, ch. 303, 60-2103; L. 1975, ch. 178, § 29; L. 1988, ch. 206, § 2; L. 1997, ch. 173, § 32; L. 2005, ch. 203, § 2; L. 2010, ch. 135, § 180; L. 2018, ch. 103, § 1; July 1.

Source or prior law:

(a). G.S. 1868, ch. 80, §§ 544, 545; L. 1909, ch. 182, §§ 569, 572; L. 1913, ch. 241, § 1; R.S. 1923, 60-3306, 60-3309; L. 1937, ch. 268, § 2.

(b). G.S. 1868, ch. 80, §§ 544, 545; L. 1909, ch. 182, § 569; R.S. 1923, 60-3306.

(d). L. 1865, ch. 53, § 2; G.S. 1868, ch. 80, §§ 551 through 553, 555, 558; L. 1909, ch. 182, §§ 586 through 590; R.S. 1923, 60-3322 through 60-3326; L. 1933, ch. 217, § 1.

(g). L. 1901, ch. 278, § 3; L. 1909, ch. 182, §§ 574, 576; R.S. 1923, 60-3311, 60-3312; L. 1937, ch. 268, § 3.

(h). L. 1909, ch. 182, § 578; R.S. 1923, 60-3314; L. 1937, ch. 268, § 4.

(i). L. 1937, ch. 268, § 5; L. 1951, ch. 350, § 1.

Revisor's Note:

* The phrase "this act" means L. 2018, ch. 103.

Cross References to Related Sections:

Appeals from limited actions, see 61-3901 et seq.

Waiver of right to appeal in divorce actions, see 60-1610.

Law Review and Bar Journal References:

"Divorce and Alimony Under the New Code," Dan Hopson, Jr., 12 K.L.R. 27, 46 (1963).

1963-65 survey of civil practice, Earl B. Shurtz, 14 K.L.R. 171, 186 (1965).

"The New Look in Appellate Practice," Emmet A. Blaes, 33 J.B.A.K. 19 (1964).

Paragraph (b) and prior law discussed in connection with formal requirements for notice of appeal, Robert C. Casad, 34 J.B.A.K. 20, 77, 78 (1965).

Paragraph (a) cited in 1963-65 survey of family law, John W. Brand, Jr., and Dan Hopson, Jr., 14 K.L.R. 271, 274 (1965).

Survey of Kansas estate administration, Richard C. Harris, 17 K.L.R. 325, 329 (1969);

"Collateral Challenges to Criminal Convictions," Keith G. Meyer and Larry W. Yackle, 21 K.L.R. 259, 329 (1973).

"Practicing Law in a Unified Kansas Court System," Linda Diane Henry Elrod, 16 W.L.J. 260, 270 (1977).

"Survey of Kansas Law: Civil Procedure," Jerry G. Elliott, 27 K.L.R. 185, 194 (1979).

"Contested Estate Matters After Court Unification," Calvin J. Karlin, 48 J.B.A.K. 97, 104 (1979).

"Survey of Kansas Law: Civil Procedure," 29 K.L.R. 449, 462 (1981).

"Survey of Kansas Law: Family Law," Nancy G. Maxwell, 32 K.L.R. 543, 581 (1984).

"Kansas Appellate Advocacy: An Inside View of Common-Sense Strategy," Patrick Hughes, 66 J.K.B.A. No. 2, 26 (1997).

"Habeas Corpus in Kansas: The Great Writ Affords Postconviction Relief at K.S.A. 60-1507," Martha J. Coffman, 67 J.K.B.A. No. 1, 16 (1998).

"Writing to the Kansas appellate courts: a lesson in appellate jurisdiction," Autumn Fox, 69 J.K.B.A. No. 4, 32 (2000).

"Criminal Procedure Survey of Recent Cases," 52 K.L.R. 771 (2004).

"What Constitutes Excusable Neglect? A Guide for the Kansas Federal & State Practitioner", Steven W. Allton, John W. Broomes, 77 J.K.B.A. No. 5, 6 (2008).

"Criminal Procedure Survey," 56 K.L.R. 745 (2008).

"Education of Attorneys on Appeal and/or Cross Appeal," James Oliver, 78 J.K.B.A. No. 3, 21 (2009).

Attorney General's Opinions:

Juvenile offenders code; new trial. 89-137.

CASE ANNOTATIONS

Prior law cases, see G.S. 1949, 60-3306, 60-3309, 60-3311, 60-3312, 60-3314, 60-3314a, 60-3322, 60-3325, 60-3326, 60-3826 (No. 2) and the 1961 Supp. thereto.

1. Failure to serve administrator in that capacity with notice of appeal was fatal to appeal although administrator duly served in individual capacity. In re Estate of Reichert, 192 K. 252, 254, 256, 257, 387 P.2d 229.

2. Garnishee appealing judgment of trial court must serve principal defendant with notice of appeal. Midwest Lumber Co. v. Lorimor, 192 K. 512, 513, 390 P.2d 27.

3. Joint defendant's demurrer to plaintiff's opening statement sustained; held on appeal from order sustaining demurrer plaintiff must serve other defendant with notice of appeal. Graham v. Barber, 192 K. 554, 555, 556, 390 P.2d 23.

4. Not applicable for perfecting appeals in workmen compensation cases. Magers v. Martin Marietta Corporation, 193 K. 137, 139, 392 P.2d 148.

5. Defendant's failure to serve notice of appeal upon co-defendant fatal to appeal; no jurisdiction. Rainbow Color Film, Inc. v. Milgram Food Stores, Inc., 193 K. 168, 170, 392 P.2d 947.

6. Notice of appeal need not be given to one not an adverse party to action. Alder v. City of Florence, 194 K. 104, 111, 397 P.2d 375.

7. To review trial court's ruling on demurrer to evidence, appeal must be taken from such order or judgment. Matson v. Christy, 194 K. 174, 175, 398 P.2d 317.

8. Mentioned in opinion dismissing appeal for failure to serve notice thereof upon adverse party in his capacity as administrator. In re Estate of Reichert, 192 K. 252, 257, 387 P.2d 229.

9. Joint defendant's demurrer to plaintiff's opening statement sustained; held on appeal from order sustaining demurrer plaintiff must serve other defendant with notice of appeal. Graham v. Barber, 192 K. 554, 390 P.2d 23.

10. Mentioned; plaintiff filed amended petition, rather than appeal order sustaining demurrer; held no error in striking amended petition. Grohusky v. Atlas Assurance Co., 194 K. 460, 462, 399 P.2d 797.

11. Motion attacked appellant's right to appeal on grounds of noncompliance with statute; no showing of prejudice to appellee; overruled. Addington v. Addington, 192 K. 118, 119, 386 P.2d 219.

12. A second direct appeal cannot be used as a substitute for a cross appeal. Fields v. Anderson Cattle) o., 193 K. 569, 570, 396 P.2d 284; Fields v. Blue Stem Feed Yards, 195 K. 167, 168, 403 P.2d 796; Fields v. Cattlemen's Feed Lots, 195 K. 171, 403 P.2d 799.

13. A timely appeal from final judgment permits review of previous orders made more than two months before appeal. Connell v. State Highway Commission, 192 K. 371, 373, 388 P.2d 637.

14. Valid appeal after final judgment does not prevent review of ruling made more than two months before appeal perfected. Willmeth v. Harris, 193 K. 111, 392 P.2d 101.

15. Appeal from order overruling motion to set aside default judgment entitled appellant to appeal from judgment entered more than two months prior to overruling motion. Williams v. State Highway Commission, 194 K. 18, 23, 24, 397 P.2d 341.

16. Order overruling motion to quash service of summons is not appealable; question is not waived by proceedings on merits until such time as appealable order is reached. Finn, Administratrix v. Veatch, 195 K. 410, 413, 407 P.2d 535. (Rehearing reversing opinion reported in 195 K. 13, 403 P.2d 189.)

17. Appellee not entitled to present adverse ruling for review unless he has filed cross-appeal; G.S. 1949, 60-3314 considered. James v. City of Pittsburg, 195 K. 462, 463, 407 P.2d 503.

18. Filing of supersedeas bond stays execution of final judgment not other proceedings in trial court. Carr v. Diamond, 192 K. 377, 379, 388 P.2d 591.

19. Failure to reproduce all necessary portions of the record held fatal to appeal. McClelland v. Barrett, 193 K. 203, 204, 392 P.2d 951.

20. Appeal time runs from entry of judgment in appearance docket or filing journal entry with clerk at the direction of court. Corbin v. Moser, 195 K. 252, 253, 254, 403 P.2d 800.

21. Procedure to be applied in perfecting appeals concerning probate code provisions. In re Estate of Lang, 195 K. 352, 355, 404 P.2d 640.

22. Motion to set aside default judgment treated as motion to alter or amend under K.S.A. 60-259; notice of appeal timely. Sharp v. Sharp, 196 K. 38, 42, 409 P.2d 1019.

23. Notice of appeal; history of statute noted. Alliance Mutual Casualty Co. v. Boston Insurance Co., 196 K. 323, 327, 411 P.2d 616.

24. Failure to cross-appeal precludes consideration of appellee's complaints other than jurisdiction. Scammahorn v. Gibraltar Savings & Loan Assn., 197 K. 410, 413, 416 P.2d 771.

25. Appeal taken from court's memo opinion before journalization premature. Guerrero v. Capitol Federal Savings & Loan Assn., 197 K. 18, 20, 415 P.2d 257.

26. Motion for rehearing suspended running of appeal time until overruled. Ten Eyck v. Harp, 197 K. 529, 532, 533, 419 P.2d 922.

27. No requirement that judgment be identified in notice of appeal by its specific date of entry. Caywood v. Board of County Commissioners, 200 K. 134, 137, 138, 434 P.2d 780.

28. Subsection (i) cited; failure to make timely appeal from trial court order does not prevent subsequent review of ruling in appeal from final judgment. Caywood v. Board of County Commissioners, 200 K. 134, 137, 434 P.2d 780.

29. Section does not govern appeals from probate court to district court; no provision in probate code for filing motion for new trial or extending time for appeal. In re Estate of Parker, 201 K. 1, 4, 439 P.2d 138.

30. Mentioned; acquiescence in judgment cuts off right of appeal. Barnes v. Carroll, 207 K. 545, 547, 485 P.2d 1293.

31. Mentioned in determining procedure for disqualification of judge under K.S.A. 1971 Supp. 20-311d. Hulme v. Woleslagel, 208 K. 385, 394, 493 P.2d 541.

32. Subsection (d) cited in holding trial court without jurisdiction to rule on a labor controversy. Inland Industries, Inc. v. Teamsters & Chauffeurs Local Union, 209 K. 349, 355, 496 P.2d 1327.

33. Subsection (h) cited; failure to cross-appeal from an adverse ruling by the trial court precludes appellate court from reviewing ruling on appeal. Autry v. Walls I.G.A. Foodliner, Inc., 209 K. 424, 426, 497 P.2d 303.

34. Action on promissory note; failure to perfect appeal within time; appeal dismissed. St. Francis Mercantile Equity Exchange, Inc. v. Walter, 211 K. 76, 77, 505 P.2d 775. Appeal reinstated; judgment of district court affirmed: 211 K. 671, 508 P.2d 775.

35. City's notice of appeal, signed and filed by three city commissioners, sufficiently complied herewith; dismissal of appeal reversed. Benson v. City of DeSoto, 212 K. 415, 421, 422, 510 P.2d 1281.

36. Subsection (a) mentioned in rezoning action; intervening party allowed review of district court rulings. Hukle v. City of Kansas City, 212 K. 627, 632, 512 P.2d 457.

37. Mentioned; cross-appeal dismissed after principal appeal dismissed; cross-appeal held not appealable order standing alone. Carr v. Carr, 212 K. 638, 512 P.2d 357.

38. State has no right of appeal from juvenile court order declining to waive its original jurisdiction. In re Waterman, 212 K. 826, 834, 512 P.2d 466.

39. After unappealed order denying motion under 60-260(b) became final, trial court properly applied res judicata to identical second motion. Taber v. Taber, 213 K. 453, 455, 516 P.2d 987.

40. Trial judge determined effective date of judgment; appeal filed within 60 days thereof is timely filed. Brookover Feed Yards, Inc. v. Carlton, Commissioner, 213 K. 684, 686, 518 P.2d 470.

41. Perfected appeal and cross-appeal entitled to review hereunder as regards all rulings adverse to cross-appellee. Vaughn v. Murray, 214 K. 456, 461, 462, 521 P.2d 262.

42. Applied; motion for rehearing made under 60-252; time for filing appeal extended. Heim v. Werth, 214 K. 855, 857, 522 P.2d 389.

43. Notice of appeal filed within 30 days following overruling motion. Harvey v. Harvey, 215 K. 472, 476, 524 P.2d 1187.

44. Failure to file within time; no request for extension; supreme court without jurisdiction. Fildes v. Fildes, 215 K. 622, 623, 528 P.2d 134.

45. Referred to; implied covenant to develop oil and gas lease; cancellation of lease upheld. Shaw v. Henry, 216 K. 96, 99, 531 P.2d 128.

46. Consideration of cross-appeal confined to matter stated in notice; review limited. Carrick v. McFadden, 216 K. 683, 690, 533 P.2d 1249.

47. Appeal to supreme court from district court ruling of administrative agency upheld; appeal timely. Olathe Hospital Foundation, Inc. v. Extendicare, Inc., 217 K. 546, 551, 539 P.2d 1.

48. Appeal dismissed where notice not filed within time allowed. Brown v. Brown, 218 K. 34, 36, 542 P.2d 332.

49. Mentioned; motion to dismiss on ground of acquiescence in judgment properly overruled by district court for want of jurisdiction. Gordon v. Gordon, 218 K. 686, 689, 545 P.2d 328.

50. Applied; delay in payment of docket fee does not give county clerk authority to dismiss appeal. Avco Financial Services v. Caldwell, 219 K. 59, 61, 62, 547 P.2d 756.

51. No authority for district court to dismiss an appeal to supreme court except as herein provided; supreme court has exclusive responsibility to determine whether its jurisdiction has been properly invoked. Johnson v. Johnson, 219 K. 190, 193, 547 P.2d 360.

52. Notice of appeal served and filed within 30 days after new trial denied is timely. Loose v. Brubacher, 219 K. 727, 728, 729, 549 P.2d 991.

53. Applied; divorce proceeding; bifurcated ruling; latest order fixed date from which appeal ran. McCain v. McCain, 219 K. 780, 782, 783, 549 P.2d 896.

54. Ruling on motion under 60-260 final where appeal not taken within 30 days; later motion on same grounds res judicata. Satterfield v. Satterfield, 221 K. 15, 16, 558 P.2d 108.

55. Section applied; service of process sufficient under 82a-724. Frontier Ditch Co. v. Chief Engineer of Water Resources, 1 K.A.2d 186, 188, 563 P.2d 509.

56. Section applied; appellate jurisdiction is a matter of statute; properly filed. Rewerts v. Whittington, 1 K.A.2d 557, 559, 571 P.2d 58.

57. Reducing time for appeal did not terminate rights of litigants on pending cases. Harder v. Towns, 1 K.A.2d 667, 668, 573 P.2d 625.

58. Appeal filed out of time; dismissed. Kittle v. Owen, 1 K.A.2d 748, 573 P.2d 1115.

59. Applied in determining that under the circumstances, appeal was filed within time. In re Hambleton, 2 K.A.2d 68, 70, 574 P.2d 982.

60. Improper extension of time for appeal; showing of failure to learn of the entry of judgment required. Stanton v. KCC, 2 K.A.2d 228, 577 P.2d 1201.

61. Court has no jurisdiction to hear appeal if not filed within 30 days of judgment entry. Hartford Accident & Indemnity Co. v. Faulkner, 222 K. 243, 244, 564 P.2d 470.

62. Notice of appeal not timely filed; affirmed. Giles v. Russell, 222 K. 629, 631, 632, 567 P.2d 845.

63. Dismissal of appeal by trial court upon finding of abandonment not exceptional circumstance; motion under 60-107 properly dismissed. Weser v. State, 224 K. 272, 273, 579 P.2d 1214.

64. Time for filing appeal under act against discrimination governed by 44-1011, not this section. Everett v. Blue Cross-Blue Shield Ass'n, 225 K. 63, 64, 587 P.2d 873.

65. Provisions referred to in upholding conviction of perjury; appeal held timely filed. State v. Brady, 2 K.A.2d 382, 383, 384, 580 P.2d 434. Syllabus ¶ 2 and corresponding statements in Brady opinion overruled. State v. Moses, 227 K. 400, 403, 607 P.2d 477.

66. Mentioned in interpreting 44-556(c) (dissenting opinion). Childress v. Childress Painting Co., 3 K.A.2d 135, 141, 590 P.2d 1093.

67. Cited; comparable provision relating to commencement of appeal time not in chapter 61 was an oversight; same rule applies in chapter 61. Nolan v. Auto Transporters, 226 K. 176, 179, 180, 597 P.2d 614.

68. Cited in holding a workmen's compensation appeal timely under 44-556. Hensley v. Carl Graham Glass, 226 K. 256, 258, 597 P.2d 641.

69. Statute does not authorize district court to extend time for appeal in criminal case. State v. Moses, 227 K. 400, 403, 404, 607 P.2d 477.

70. Cited; running of time for appeal from orders and judgments in probate cases terminated by timely motion made hereunder. In re Estate of Burns, 227 K. 573, 574, 575, 608 P.2d 942.

71. Judgment set aside under 60-260; appeal of subsequent judgment within statutory time proper. Thompson v. James, 3 K.A.2d 499, 501, 597 P.2d 259.

72. Section requires notice of appeal to be served on all other parties to action. In re Estate of Kempkes, 4 K.A.2d 154, 160, 603 P.2d 642.

73. Court without jurisdiction to determine issues raised on a cross-appeal when notice not filed within time limit set by subsection (h). Key v. Clegg, 4 K.A.2d 267, 275, 604 P.2d 1212.

74. Cross-appeal must be perfected by appellees to obtain review of adverse rulings. In re Adoption of Chance, 4 K.A.2d 576, 580, 609 P.2d 232.

75. Judgment under 60-254(b) may not later be reviewed as intermediate ruling on appeal of final judgment of entire case. Dennis v. Southeastern Kansas Gas Co., 227 K. 872, 877, 610 P.2d 627.

76. Motion to reconsider and reinstate action is equivalent to motion for new trial in determining time for appeal hereunder. Bolser v. Zoning Board for Aubry Township, 228 K. 6, 7, 612 P.2d 563.

77. The filing of an appeal bond is required in a probate appeal, but is not jurisdictional and may be filed after the appeal is taken. In re Estate of Zahradnik, 6 K.A.2d 84, 86, 87, 88, 89, 626 P.2d 1211.

78. The filing of a timely notice of appeal is jurisdictional; same rule applies to a notice of cross-appeal. Chetopa State Bancshares, Inc. v. Fox, 6 K.A.2d 326, 334, 628 P.2d 249.

79. Dismissal of class action upheld where defendant was joined after certification of class. Brueck v. Krings, 6 K.A.2d 622, 625, 631 P.2d 1233 (1981).

80. Time for appeal runs from date notice of judgment given under 60-258; motion for rehearing suspends running until overruled. Daniels v. Chaffee, 230 K. 32, 38, 46, 47, 630 P.2d 1090 (1981).

81. In appeal from a class action without prior class determination reviewing court will treat appeal as one by named plaintiffs. Brueck v. Krings, 230 K. 466, 467, 638 P.2d 904 (1981).

82. Excusable neglect provision not applicable to criminal appeals; defendant's presence at sentencing precludes alleging failure to learn of judgment. State v. Ortiz, 230 K. 733, 735, 640 P.2d 1255 (1982).

83. Cited; garnishee may stay garnishment by posting supersedeas bond equal to its liability costs and interest. Cansler v. Harrington, 231 K. 66, 71, 72, 73, 643 P.2d 110 (1982).

84. Appeal within 30 days of judgment may appeal all orders of case. Powell v. Powell, 231 K. 456, 464, 648 P.2d 218 (1982).

85. Court cannot consider issue raised by appellee if no notice of cross-appeal filed. Barkley v. Toland, 7 K.A.2d 625, 627, 646 P.2d 1124 (1982).

86. Failure to make timely appeal precludes review. Patrons Mutual Ins. Ass'n v. Norwood, 231 K. 709, 710, 647 P.2d 1335 (1982).

87. No jurisdiction to hear appeal; notice of appeal was not timely filed. Smith v. Smith, 8 K.A.2d 252, 655 P.2d 469 (1983).

88. Statute discussed in detail under rules of statutory construction, 30 day limit applies to appeals taken from judgment of district court or associate district court in de novo adjudications in small claims proceedings. Szoboszlay v. Glessner, 233 K. 475, 477, 479, 664 P.2d 1327 (1983).

89. Thirty-day period for filing appeal starts on date journal entry signed. Anderson v. United Cab Co., 8 K.A.2d 694, 695, 666 P.2d 735 (1983).

90. Where defendant's actions in payment of judgment determined to be voluntary, right of appeal lost. Vap v. Diamond Oil Producers, Inc., 9 K.A.2d 58, 59, 671 P.2d 1126 (1983).

91. Cited by dissent on question of timely appeal from school board decision not to renew teacher contract. Atkinson v. U.S.D. No. 383, 9 K.A.2d 175, 179, 675 P.2d 917 (1984).

92. Postjudgment motion in limited action, timely filed, tolls appeal time under 61-2102. Squires v. City of Salina, 9 K.A.2d 199, 201, 675 P.2d 926 (1984).

93. Motion to alter or amend judgment falls under 60-259(f); appeal time stayed. Caplinger v. Carter, 9 K.A.2d 287, 290, 676 P.2d 1300 (1984).

94. Appeal in 24 days from denial of relief under 60-260(b) timely; date of original entry not controlling. In re Petition of City of Shawnee for Annexation of Land, 236 K. 1, 12, 687 P.2d 603 (1984).

95. Time limit for prosecution to appeal criminal case under 22-3602(b) is that provided herein. State v. Freeman, 236 K. 274, 277, 689 P.2d 885 (1984).

96. Thirty days for appealing runs when journal entry or judgment form denying new trial is filed. Neufeldt v. L. R. Foy Constr. Co., 236 K. 664, 666, 693 P.2d 1194 (1985).

97. Cross-appeal must be filed within 20 days after notice of appeal has been served. Haas v. Freeman, 236 K. 677, 684, 693 P.2d 1199 (1985).

98. Procedural provisions of chapter 60 relative to judgment, postjudgment motions and appeals applicable to workers' compensation appeals. Dieter v. Lawrence Paper Co., 237 K. 139, 143, 697 P.2d 1300 (1985).

99. Cited; journal entry barring bankruptcy trustee from contesting probate of will (59-2224) is order (59-2401) requiring timely appeal. In re Estate of Williams, 238 K. 651, 655, 656, 714 P.2d 948 (1986).

100. Cited; sanctions imposed under 60-237 for failing to answer interrogatories (60-233) not appealable as interlocutory orders. Reed v. Hess, 239 K. 46, 53, 716 P.2d 555 (1986).

101. Subsections (a) and (h) cited; 60-205(e) does not include leaving papers at absent judge's office; other exceptions noted. Tobin Constr. Co. v. Kemp, 239 K. 430, 432, 437, 721 P.2d 278 (1986).

102. Cited; exceptions to general rule that reviewing courts will not consider issues not raised below examined. Johnson v. Kansas Neurological Institute, 240 K. 123, 126, 727 P.2d 912 (1986).

103. Post trial motion to alter or amend judgment must be in writing; if not written, motion is not effective to toll time for appeal hereunder. Thomas v. Davis-Moore Datsun, Inc., 11 K.A.2d 622, 623, 731 P.2d 1283 (1987).

104. Cited; purpose of court in retaining jurisdiction to alter or amend (60-259(f)) examined. Denno v. Denno, 12 K.A.2d 499, 501, 749 P.2d 46 (1988).

105. Cited; motion to alter or amend (60-2594) as terminating running of appeal time noted. Citizens State Bank of Grainfield v. Kaiser, 12 K.A.2d 530, 534, 750 P.2d 422 (1988).

106. Cited; appeal from denial of motion to intervene filed within 30 days of entry of judgment (60-258) examined. Robertson v. Ludwig, 12 K.A.2d 571, 583, 752 P.2d 690 (1988).

107. Cited; circumstances in which untimely appeal may be maintained in interest of justice examined. Schroeder v. Urban, 242 K. 710, 711, 750 P.2d 405 (1988).

108. Cited; relationship between compliance with 60-258 (mailing entry of judgment) and extension provided by 60-206(e) examined. Danes v. St. David's Episcopal Church, 242 K. 822, 823, 752 P.2d 653 (1988).

109. Court without jurisdiction to hear arguments of party neither directly named nor inferred in notice of appeal. Anderson v. Scheffler, 242 K. 857, 859, 752 P.2d 667 (1988).

110. Relevance of delay in filing appeal and habeas corpus petitions, absence of prejudice to state in responding examined. Hannon v. Maschner, 845 F.2d 1553 (10 th Cir. 1988).

111. Cited; order confirming foreclosure sale as final order not subject to collateral attack after appeal time lapsed examined. Farmers State Bank v. Ward, 13 K.A.2d 39, 43, 761 P.2d 315 (1988).

112. Cited; absence of procedure for staying execution on valid judgment upon condition debtor makes regular payments on judgment examined. Hooks v. Hooks, 13 K.A.2d 105, 106, 762 P.2d 846 (1988).

113. Cited; indigent defendant's right to transcript of sentencing hearing following denial of sentence modification examined. State v. Duckett, 13 K.A.2d 122, 124, 764 P.2d 134 (1988).

114. Cited; alleged fraud as not controlling decision to grant appeal in underlying case, doctrine of unique circumstances examined. Johnson v. American Cyanamid Co., 243 K. 291, 296, 758 P.2d 206 (1988).

115. Timely motion for new trial tolls time for filing notice of appeal. L.R. Foy Constr. Co. v. Professional Mechanical Contractors, 13 K.A.2d 188, 193, 766 P.2d 196 (1989).

116. Excusable neglect provision herein applies to appeals from orders denying relief under 60-1507. Robinson v. State, 13 K.A.2d 244, 247, 767 P.2d 851 (1989).

117. Timely motion to alter or amend (60-259) tolls time for filing notice of appeal. Uhock v. Sleitweiler, 13 K.A.2d 621, 625, 778 P.2d 359 (1989).

118. Ruling on allowance for attorney fees as unnecessary before filing timely notice of appeal determined. Snodgrass v. State Farm Mut. Auto, Ins. Co., 246 K. 371, 372, 789 P.2d 211 (1990).

119. Res judicata of claim examined where court certifies time for appeal under 60-254 and none is taken in 30 days. Pioneer Operations Co. v. Brandeberry, 14 K.A.2d 289, 292, 789 P.2d 1182 (1990).

120. Procedural rule allowing appeals to proceed prior to resolution of attorney fee issue not applied retroactively. Evans v. Provident Life & Accident Ins. Co., 15 K.A.2d 97, 99, 803 P.2d 1033 (1991); aff'd in part, rev'd in part, 249 K. 248, 251, 815 P.2d 550 (1991).

121. Where probate question is whether quiet title action is proper remedy, appellants have option to file supersedeas bond. In re Estate of Beason, 248 K. 803, 811, 811 P.2d 848 (1991).

122. Statute unlike those governing appeals in magistrate cases (22-3609a) and motions for new trials in criminal cases (22-3501). State v. Wilson, 15 K.A.2d 308, 312, 808 P.2d 434 (1991).

123. Effect of partial adjudication of claims examined where final judgment not entered pursuant to 60-254(b); school's obligation to student considered. Honeycutt v. City of Wichita, 251 K. 451, 459, 836 P.2d 1128 (1992).

124. Noted in opinion that insurance commissioner not required to execute appeal bond in excess of health care stabilization fund's liability (40-3401 et seq.) Todd v. Kelly, 251 K. 512, 518, 526, 837 P.2d 381 (1992).

125. When Kansas Supreme Court rule 2.03 validates premature notice of appeal filed after motion to alter/amend but before motion denied examined. Resolution Trust Corp. v. Bopp, 251 K. 539, 541, 836 P.2d 1142 (1992).

126. Cited in ruling that failure to name in notice of appeal the only court appealable to a mere irregularity. City of Ottawa v. McMechan, 17 K.A.2d 31, 32, 829 P.2d 927 (1992).

127. Cited in opinion that mailing entry of judgment extends time for postjudgment motions and appeal by three days. Marinhagen v. Boster, Inc. 17 K.A.2d 532, 533, 840 P.2d 534 (1992).

128. Cited; construction and application of time allowed for filing petition with KCCR. United Steelworkers of America v. Kansas Comm'n on Civil Rights, 17 K.A.2d 863, 865, 845 P.2d 89 (1993).

129. Cited in holding that absent private contract, self-insurer has no duty to defend employee by operation of law. Overbaugh v. Strange, 18 K.A.2d 365, 366, 853 P.2d 80 (1993).

130. Cited in holding 60-259(f) applicable when motion for rehearing treated as motion to alter or amend. In re Marriage of Hansen, 18 K.A.2d 712, 714, 858 P.2d 1240 (1993).

131. Whether timely motion to reconsider tolls time for filing notice of appeal examined. Hundley v. Pfuetze, 18 K.A.2d 755, 756, 858 P.2d 1244 (1993).

132. Whether the time for appeal begins to run upon notification of the entry of judgment examined. Nicklin v. Harper, 18 K.A.2d 760, 763, 764, 860 P.2d 31 (1993).

133. Whether court of appeals lacked jurisdiction to consider an issue unrelated to the sole issue on appeal sua sponte examined. Wilcox v. Gentry, 254 K. 411, 416, 867 P.2d 281 (1994).

134. Whether appellant's notice of appeal sufficiently identified rulings challenged to give appeals court jurisdiction examined. Hess v. St. Francis Regional Med. Center, 254 K. 715, 718, 869 P.2d 598 (1994).

135. Whether appellate court lacks jurisdiction to consider new issues raised in untimely amended notice of appeal examined. State v. Grant, 19 K.A.2d 686, 689, 691, 875 P.2d 986 (1994).

136. Whether issues contested by appellee may be considered by appellate courts absent cross-appeal examined. Chavez v. Markham, 19 K.A.2d 702, 709, 875 P.2d 997 (1994).

137. Whether notice of appeal filed prior to sentencing based on attorney's mistake deprives appellate court of jurisdiction examined. State v. McGraw, 19 K.A.2d 1001, 1002, 879 P.2d 1147 (1994).

138. Cited; whether the time for filing an administrative petition for review starts anew upon petition for reconsideration decision examined. State Bank Commissioner v. Emery, 19 K.A.2d 1063, 1071, 880 P.2d 783 (1994).

139. Whether time for filing cross-appeal after premature notice of appeal filed runs from entry of final judgment examined. In re D.B.S., 20 K.A.2d 438, 461, 888 P.2d 875 (1995).

140. Running time for appeal is tolled by timely motion made pursuant to 60-252 or 60-259. State v. Chiles, 260 K. 75, 77, 917 P.2d 866 (1996).

141. Workers compensation time limits for appeals of workers compensation board decisions govern over civil procedure code (60-2101 et seq.). Jones v. Continental Can Co., 260 K. 547, 551, 920 P.2d 939 (1996).

142. Motion to modify sentence after pronouncement of sentence does not modify time for filing notice of appeal. State v. McBride, 23 K.A.2d 302, 303, 930 P.2d 618 (1996).

143. Excusable neglect interpreted and applied. Midwest Properties v. Harvey, 23 K.A.2d 524, 525, 526, 934 P.2d 154 (1997).

144. Time for filing post-judgment motion or appeal from final judgment entered without notice commences upon compliance with 60-258 and S.Ct. Rule 134. McDonald v. Hannigan, 262 K. 156, 936 P.2d 262 (1997).

145. Trial court consideration of untimely interlocutory appeal not an abuse of discretion. Adams v. St. Francis Regional Med. Center, 264 K. 144, 150, 955 P.2d 1169 (1998).

146. Notice of appeal by pro se party sufficient to include issues briefed. Key v. Hein, Ebert & Weir, Chtd., 265 K. 124, 128, 960 P.2d 746 (1998).

147. Second motion for new trial did not toll time for appeal of underlying judgment. State ex rel. Secretary of SRS v. Mayfield, 25 K.A.2d 452, 456, 966 P.2d 85 (1998).

148. Excusable neglect under 60-2103 does not justify untimeliness of workers compensation appeal under subsection (b)(1). Anderson v. Bill Morris Constr. Co. Inc., 25 K.A.2d 603, 606, 966 P.2d 96 (1998).

149. ALJ's workers compensation award misaddressed; not received before review application filing date expiration; notice insufficient to satisfy due process. Nguyen v. IBP, Inc., 266 K. 580, 584, 972 P.2d 747 (1999).

150. Trial court's holding that insurance commissioner's authority to regulate stop-loss policies was not preempted by ERISA was final order from which appeal must be made in 30 days. American Trust Administrators, Inc. v. Sebelius, 267 K. 480, 486, 487, 981 P.2d 248 (1999).

151. Where appellant's parental rights were severed but she was not advised of 30-day period to file appeal, court goes beyond statutory provision for excusable delay to allow appeal based on fundamental fairness. In re T.M.C., 26 K.A.2d 297, 299, 301, 988 P.2d 241 (1999).

152. Failure to assert cross appeal does not bar res judicata defense; court's decision became final when appeal was dismissed. Grimmet v. S & W Auto Sales Co., 26 K.A.2d 482, 485, 488, 988 P.2d 755 (1999).

153. Prosecution appeal of imposition of sanctions dismissal based on untimely filing upheld. In re D.G.K., 26 K.A.2d 884, 886, 995 P.2d 413 (2000).

154. On notice of appeal appellant is required to designate judgment or part appealed from but is not required to set forth all errors that will be contested. State v. Wilkins, 269 K. 256, 7 P.3d 252 (2000).

155. Section to be liberally construed to secure just, speedy and inexpensive determination of action. Fletcher v. Anderson, 27 K.A.2d 276, 3 P.3d 558 (2000).

156. No abuse of judicial discretion in allowing appellant to file appeal two days out of time (10 days to file appeal from magistrate court). Mitchell v. Miller, 27 K.A.2d 666, 8 P.3d 26 (2000).

157. Appellate court obtains jurisdiction only over rulings identified in notice of appeal. In re Marriage of Galvin, 32 K.A.2d 410, 83 P.3d 805 (2004).

Case annotation 139, the case citation should be to: In re Marriage of Shannon, 20 K.A.2d 460, 461, 889 P.2d 152 (1995).

158. Judgment entered against served defendant resolves all claims as to all parties of case; unserved defendant is not a party to litigation. Universal Premium Accept. Corp. v. Pat City Livery, Inc., 34 K.A.2d 37, 115 P.3d 769 (2005).

159. Three options of court in K.S.A. 60-1507 discussed in appeals pursuant to K.S.A. 60-2103. Guillary v. State, 285 K. 223, 225 (2007).

160. Requirements of notice of appeal discussed and applied. Gates v. Goodyear, 37 K.A.2d 623, 627, 155 P.3d 1196 (2007).

161. Mentioned, there is no right to appeal from district court judgment regarding SRS placement with potential adoptive families. In re A.F., 38 K.A.2d 742, 745, 172 P.3d 63 (2007).

162. Because of plaintiff's failure to cross-appeal, the statute of limitations could not have been considered by court of appeals. Cooke v. Gillespie, 285 K. 748, 755-757, 176 P.3d 144 (2008).

163. Cited; state did not cross appeal adverse ruling; appellate review precluded. McCracken v. Kohl, 286 K. 1114, 1120, 191 P.3d 313 (2008).

164. Appellate court obtains jurisdiction only over rulings identified in the notice of appeal. State v. Unruh, 39 K.A.2d 125, 132, 177 P.3d 411 (2008).

165. Section analyzed and applied; notice catchall language held sufficient. In re Marriage of Hudson, 39 K.A.2d 417, 422, 182 P.3d 25 (2008).

166. Mentioned; garnishment of prisoner's prison account upheld. Dillon Companies v. Davis, 39 K.A.2d 444, 449, 181 P.3d 570 (2008).

167. For an appellee to present adverse rulings to appellate court, appellee must file cross-appeal. Chesbro v. Board of Douglas County Comm'rs, 39 K.A.2d 954, 969, 186 P.3d 829 (2008).

168. Cited; time limit for filing appeal under probate code is tolled by filing postjudgment motion pursuant to K.S.A. 60-2103(a). In re Guardianship of Sokol, 40 K.A.2d 57, 61-64, 189 P.3d 526 (2008).

169. Appellate court had no jurisdiction over appellant's equal protection claim asserted for first time on appeal. Walker v. Regehr, 41 K.A.2d 352, 202 P.3d 712 (2009).

170. Appellee must file notice of cross-appeal from adverse rulings for appellate court jurisdiction. Mitchell v. Petsmart, Inc., 41 K.A.2d 523, 203 P.3d 76 (2009).

171. Doctrine of excusable neglect not applied to appeal of criminal charge dismissed with prejudice. State v. Boehmer, 41 K.A.2d 598, 203 P.3d 1274 (2009).

172. When court enters order on post trial motion, 30-day period for notice of appeal starts running in entirety. Board of Sedgwick County Comm'rs v. City of Park City, 41 K.A.2d 646, 204 P.3d 648 (2009).

173. To obtain appellate review appellee must file notice of cross-appeal from adverse rulings. State v. Diaz-Ruiz, 42 K.A.2d 325, 211 P.3d 836 (2009).

174. Party found to have filed timely notice of appeal within 30 days of journal entry date. In re Metcalf Assocs.-2000, 42 K.A.2d 412, 213 P.3d 751 (2009).

175. District court upheld SRS decision overruling the denial of an application for affiliate status as provider for disabled person. Johnson Co. Developmental Supports v. Kansas Dept. of SRS, 42 K.A.2d 570, 216 P.3d 658 (2009).

176. The equitable exception known as the unique circumstances doctrine created to exercise jurisdiction over untimely appeals is illegitimate, as an appellate court has no authority to create equitable exceptions to jurisdictional requirements. Board of Sedgwick County Comm'rs v. City of Park City, 293 K. 107, 260 P.3d 387 (2011).

177. Railroad's notice of appeal sufficient to provide court of appeals with jurisdiction to review contributory negligence issue. Vallejo v. BNSF Railway Company, 46 K.A.2d 498, 263 P.3d 208 (2011).

178. Defendant's notice of appeal from sentencing hearing was sufficient to establish appellate jurisdiction where no other hearing or orders were implicated by the appeal and the state alleged no prejudice or surprise stemming from the notice of appeal. State v. Meyer, 51 K.A.2d 1066, 1069, 360 P.3d 467 (2015).


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