60-3004. Same; stay of enforcement, when. (a) If the judgment debtor shows the district court that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state in which it was rendered.
(b) If the judgment debtor shows the district court any ground upon which enforcement of a judgment of any district court of this state would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment which is required in this state subject to the provisions of subsection (d) of K.S.A. 60-2103, and amendments thereto.
History: L. 1970, ch. 243, § 4; L. 2005, ch. 203, § 3; July 1.
Cross References to Related Sections:
Appellate procedure, supersedeas bond, see 60-2103.
Law Review and Bar Journal References:
"Kansas' New Foreign Judgments Act," Robert Fowks, 40 J.B.A.K. 187, 190 (1971).
CASE ANNOTATIONS
1. Trial court's cancellation of plaintiff's registration of a foreign judgment affirmed. Tanner v. Hancock, 5 Kan. App. 2d 558, 559, 619 P.2d 1177.
2. Where action duly revived (K.S.A. 60-225), appellate decision, if any, noted as final judgment perfecting demand against estate. In re Estate of Rains, 249 Kan. 178, 185, 815 P.2d 61 (1991).
3. Florida temporary injunction not entitled to full faith and credit under the foreign judgment act or full faith and credit clause of the constitution; district court had no subject matter jurisdiction to enter various orders. Padron v. Lopez, 289 Kan. 1089, 220 P.3d 345 (2009).
4. Foreign judgment need not be final for the court to stay enforcement until it becomes final. Hankin v. Graphic Technology Inc., 43 Kan. App. 2d 92, 222 P.3d 523 (2010).
5. Supersedeas bond provides security and protects creditors ability to collect the judgment. In re Koksal, 424 B.R. 470 (2010).
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