Statute 61-2709: Appeals.
(a) An appeal may be taken from any judgment under the small claims
procedure act. All appeals shall be by notice of appeal specifying the
party or parties taking the appeal and the order, ruling, decision or
judgment complained of and shall be filed with the clerk of the district
court within 10 days after entry of judgment. All appeals shall
be tried and determined
de novo before a district judge, other than
the judge from which the appeal is
taken. The provisions of
K.S.A. 60-2001 and 61-1716, and amendments thereto,
shall be applicable
to actions appealed pursuant to this subsection. The appealing party
shall cause notice of the appeal to be served upon all other parties to
the action in accordance with the provisions of
K.S.A. 60-205 and
amendments thereto. An
appeal shall be perfected upon the filing of the notice of appeal. When
the appeal is perfected, the clerk of the court or the judge from which
the appeal is taken shall refer the case to the chief
judge for
assignment in accordance with this section. All proceedings for the
enforcement of any judgment under the small claims procedure act shall be
stayed during the time within
which an appeal may be taken and during the pendency of an appeal,
without the necessity of the appellant filing a supersedeas bond. If the
appellee is successful on an appeal pursuant to this subsection, the
court shall award to the appellee, as part of the costs, reasonable attorney
fees incurred by the appellee on appeal.
(b) Any order, ruling, decision or judgment rendered by a district
judge on an appeal taken pursuant to
subsection (a) may be appealed in the manner provided in article 21 of
chapter 60 of the Kansas Statutes Annotated.
History: L. 1973, ch. 239, § 9;
L. 1974, ch. 242, § 2;
L. 1976, ch. 258, § 58;
L. 1977, ch. 208, § 1;
L. 1979, ch. 187, § 3;
L. 1982, ch. 116, § 12;
L. 1986, ch. 115, § 101;
L. 1999, ch. 57, § 61; July 1.