Kansas Statutes

Chapter 61: Procedure, Civil, For Limited Actions

Article 39: Appeals

Statutes:

• 61-3901: Grounds for appeal.
• 61-3902: Procedure.
• 61-3903: Appeals from district magistrate judge; notice; assignment.
• 61-3904: Execution on judgment pending appeal without bond.
• 61-3905: Stay of proceedings on appeal; bond.
• 61-3906: Same; forcible detainer.
• 61-3907: Insufficiency of bond.
• 61-3908: Judgment against surety.
• 61-3909: Dismissal of appeal.

• 61-3901: Grounds for appeal. Any party to a civil action pursuant to the code of civil procedure for limited actions may appeal from:

        (a)   A final judgment, except a judgment rendered on confession;

        (b)   any order, ruling or decision which determines the action at any stage of the proceedings;

        (c)   any order, ruling or decision that sustains or overrules a motion to dissolve an attachment or to discharge a garnishment; or

        (d)   any order, ruling or decision that sustains or overrules a motion to vacate the levy under an execution on property claimed to be exempt under the laws of this state.

        History:   L. 2000, ch. 161, § 86; Jan. 1, 2001.

• 61-3902: Procedure. (a) All appeals from orders, rulings, decisions or judgments of district magistrate judges under the code of civil procedure for limited actions shall be taken in the manner provided in subsection (a) of K.S.A. 60-2103a, and amendments thereto. All appeals from orders, rulings, decisions or judgments of district judges under the code of civil procedure for limited actions shall be taken in the manner provided in subsections (a) and (b) of K.S.A. 60-2103, and amendments thereto. Notwithstanding the foregoing provisions of this subsection, if judgment has been rendered in an action for forcible detainer and the defendant desires to appeal from that portion of the judgment granting restitution of the premises, notice of appeal shall be filed within five days after entry of judgment. The notice of appeal shall specify the party or parties taking the appeal; the order, ruling, decision or judgment appealed from; and the court to which the appeal is taken.

        (b)   The provisions of K.S.A. 60-2001, and amendments thereto, shall apply to appeals pursuant to this section.

        (c)   An appeal from an action heard by a district magistrate judge shall be taken to a district judge of the county. An appeal from an action heard by a district judge shall be taken to the court of appeals.

        History:   L. 2000, ch. 161, § 87; Jan. 1, 2001.

• 61-3903: Appeals from district magistrate judge; notice; assignment. Subject to the rules of the supreme court of this state, once an appeal is perfected, if the judge from whom such appeal is taken is a district magistrate judge, such judge shall notify the chief judge of the judicial district that the appeal has been perfected. The chief judge then shall assign the case to a district judge to hear the appeal.

        History:   L. 2000, ch. 161, § 88; Jan. 1, 2001.

• 61-3904: Execution on judgment pending appeal without bond. No execution shall issue upon a judgment, nor shall proceedings be taken for its enforcement, until the expiration of 10 days after its entry. If an appellant does not file a supersedeas bond as provided in the code of civil procedure for limited actions, the taking of an appeal shall not operate to stay proceedings for the enforcement of a final judgment or to take execution thereon. Nothing in this section shall be construed as limiting any power of a judge hearing such appeal to stay proceedings during the pendency of an appeal, to grant an injunction during the pendency of such appeal or to make any other appropriate order to preserve the status quo or the effectiveness of the judgment subsequently to be rendered.

        History:   L. 2000, ch. 161, § 89; Jan. 1, 2001.

• 61-3905: Stay of proceedings on appeal; bond. (a) Whenever an appellant entitled thereto desires a stay on appeal from an action pursuant to the code of civil procedure for limited actions, such appellant may present to the judge from which the appeal is taken, for the judge's approval, a supersedeas bond which shall have such surety or sureties as the judge requires. The bond may be given at or after the time of filing the notice of appeal, and the stay is effective when the supersedeas bond is approved by the judge. Such 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 any modification of the judgment and such costs, interests and damages as the appellate court may adjudge and award.

        (b)   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 replevin, 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, 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 10 days on condition that, within the period of 10 days, such party shall file notice of appeal and obtain the approval of such supersedeas bond as is required under this section.

        (c)   In lieu of a supersedeas bond, the court may condition a stay of proceedings pending appeal upon the timely payment into court of the periodic rent otherwise due from the defendant to the plaintiff under the rental agreement pertaining to the real property in issue.

        History:   L. 2000, ch. 161, § 90; Jan. 1, 2001.

• 61-3906: Same; forcible detainer. In appeals taken by the defendant in actions for the forcible detention of real property, the supersedeas bond filed on appeal shall be conditioned that the appellant will not commit or suffer waste to be committed on the premises in controversy, and if upon appeal the court judgment be rendered against the appellant, the appellant will pay the value of the use and occupation of the property, from the date such bond was filed until the delivery of the property pursuant to the judgment, and all damages and costs that may be awarded against the appellant.

        History:   L. 2000, ch. 161, § 91; Jan. 1, 2001.

• 61-3907: Insufficiency of bond. If a supersedeas bond was not filed with the notice of appeal, and if the action is not yet docketed on appeal, a bond may be filed with the court from which the appeal is taken. After the action is so docketed, application for leave to file a bond may be made only in the appellate court. When the surety for a supersedeas bond shall be insufficient, or such bond is insufficient in form or amount, the appellate court may on motion order a change or renewal of such bond, and direct that it be filed in such court.

        History:   L. 2000, ch. 161, § 92; Jan. 1, 2001.

• 61-3908: Judgment against surety. By entering into a supersedeas bond given pursuant to K.S.A. 61-3905 and 61-3906, and amendments thereto, the surety submits to the jurisdiction of the court wherein the judgment becomes final, and irrevocably appoints the clerk of such court as the surety's agent upon whom any papers affecting the surety's liability on the bond may be served. The 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 the surety's address is known.

        History:   L. 2000, ch. 161, § 93; Jan. 1, 2001.

• 61-3909: Dismissal of appeal. If the appeal is dismissed by the judge hearing such appeal, the action shall be remanded to the judge from which such appeal was taken.

        History:   L. 2000, ch. 161, § 94; Jan. 1, 2001.