HOLTON Transp. v. Kansas Corp. Comm'n, 690 P.2d 399 (Kan. Ct. App. 1984). · Go Syfert
HOLTON Transp. v. Kansas Corp. Comm'n, 690 P.2d 399 (Kan. Ct. App. 1984). Cases Citing This Book View Copy Cite
42 citation events (30 in the last 25 years) across 3 distinct courts.
Strongest positive: Johnson County Community College v. Prater (kanctapp, 2023-11-17)
Treatment trajectory · 1984 → 2026 · click a year to view as-of
1984 2005 2026
Top citers, strongest first. 4 distinct citers. How cited ↗
examined Cited as authority (rule) Johnson County Community College v. Prater (3×)
Kan. Ct. App. · 2023 · confidence medium
There, Holton Transport, Inc. appealed "from a district court order remanding the matter to the Kansas Corporation Commission for a more specific and concise statement of its findings." 10 Kan.
cited Cited as authority (rule) In re Licensure of Shelly Ann Vandevord Day Care Home
Kan. Ct. App. · 2022 · confidence medium
We find the present remand order akin to the "order of remand for further findings of fact" in Holton Transport, Inc., 10 Kan.
cited Cited as authority (rule) Nickels v. BOARD OF EDUC. OF UNIFIED SCHOOL DIST. 453
Kan. Ct. App. · 2008 · confidence medium
Holton Transport, 10 Kan.
cited Cited "see" SWKI-Seward West Central, Inc. v. Kansas Corporation Comm'n
Kan. Ct. App. · 2022 · signal: see · confidence high
See 10 Kan.
Retrieving the full opinion text from the archive…
HOLTON TRANSPORT, INC., Appellant,
v.
STATE CORPORATION COMMISSION OF THE STATE OF KANSAS and TRANS-OIL, LTD., Appellees.
56,874.
Court of Appeals of Kansas.
Nov 15, 1984.
690 P.2d 399
Parks, P.J., Briscoe, J., and Jerome Harman, Chief Judge Retired, Assigned.
Cited by 4 opinions  |  Published

D.S. Hults, of Lawrence, for the appellant.

John Jay Rosacker, assistant general counsel, of Topeka, for appellee State Corporation Commission.

John L. Richeson, of Anderson, Byrd & Richeson, of Ottawa, for appellee Trans-Oil, Ltd.

Before PARKS, P.J., BRISCOE, J., and JEROME HARMAN, Chief Judge Retired, assigned.

Petition for review denied 236 Kan. 875 (1985).

HARMAN, C.J. Retired:

In this proceeding for common carrier authority, appellant Holton Transport, Inc. seeks relief from a district court order remanding the matter to the Kansas Corporation Commission for a more specific and concise statement of its findings. Holton asserts, instead, the court should have declared the KCC's action unlawful and void.

The threshold question is whether the court's order of remand for further findings of fact is an appealable order.

The general rule is that remand orders are not appealable in the absence of exceptional circumstances. See 15 Wright, Miller & Cooper, Federal Practice and Procedure: Civil § 3914 (1976). Certainly this constitutes a more orderly procedure and one designed to place less burden on all concerned parties and tribunals.

The right to appeal is neither a vested nor a constitutional right. It is strictly statutory in nature. Skahan v. Powell, 8 Kan. App.2d 204, 205, 653 P.2d 1192 (1982). Skahan does acknowledge the federal "collateral order" doctrine, 8 Kan. App.2d at 206, but that doctrine is not applicable here. As we view the matter there is no final order here "which finally decides and disposes of the entire merits of the controversy, and reserves no[*13] further questions or directions for the future or further action of the court." Gulf Ins. Co. v. Bovee, 217 Kan. 586, 587, 538 P.2d 724 (1975).

Our holding is, absent exceptional circumstances, a district court order remanding a proceedings to the Kansas Corporation Commission for further findings is not a final decision appealable as of right under K.S.A. 60-2102(a)(4).

Appeal dismissed for want of jurisdiction.