60-2101.
Appellate jurisdiction of court of appeals and supreme court; appeal of order of political or taxing subdivision.
(a) The court of appeals shall have jurisdiction to hear appeals from district courts, except in those cases reviewable by law in the district court and in those cases where a direct appeal to the supreme court is required by law. The court of appeals also shall have jurisdiction to hear appeals from administrative decisions where a statute specifically authorizes an appeal directly to the court of appeals from an administrative body or office. In any case properly before it, the court of appeals shall have jurisdiction to correct, modify, vacate or reverse any act, order or judgment of a district court to assure that any such act, order or judgment is just, legal and free of abuse. Appeals from the district court to the court of appeals in criminal cases shall be subject to the provisions of K.S.A. 22-3601 and 22-3602, and amendments thereto, and appeals from the district court to the court of appeals in civil actions shall be subject to the provisions of K.S.A. 60-2102, and amendments thereto.
(b) The supreme court shall have jurisdiction to correct, modify, vacate or reverse any act, order or judgment of a district court or court of appeals in order to assure that any such act, order or judgment is just, legal and free of abuse. An appeal from a final judgment of a district court in any civil action in which a statute of this state or of the United States has been held unconstitutional shall be taken directly to the supreme court. Direct appeals from the district court to the supreme court in criminal cases shall be as prescribed by K.S.A. 22-3601 and 22-3602, and amendments thereto. Cases appealed to the court of appeals may be transferred to the supreme court as provided in K.S.A. 20-3016 and 20-3017, and amendments thereto, and any decision of the court of appeals shall be subject to review by the supreme court as provided in subsection (b) of K.S.A. 20-3018, and amendments thereto, except that any party may appeal from a final decision of the court of appeals to the supreme court, as a matter of right, whenever a question under the constitution of either the United States or the state of Kansas arises for the first time as a result of such decision.
(c) As used in the code of civil procedure, the term "appellate court" means the supreme court or court of appeals, depending on the context in which such term is used and the respective jurisdiction of such courts over appeals in civil actions as provided in this section and K.S.A. 60-2102, and amendments thereto.
(d) A judgment rendered or final order made by a political or taxing subdivision, or any agency thereof, exercising judicial or quasi-judicial functions may be reversed, vacated or modified by the district court on appeal. If no other means for perfecting such appeal is provided by law, it shall be sufficient for an aggrieved party to file a notice that such party is appealing from such judgment or order with such subdivision or agency within 30 days of its entry, and then causing true copies of all pertinent proceedings before such subdivision or agency to be prepared and filed with the clerk of the district court in the county in which such judgment or order was entered. The clerk shall thereupon docket the same as an action in the district court, which court shall then proceed to review the same, either with or without additional pleadings and evidence, and enter such order or judgment as justice shall require. A docket fee shall be required by the clerk of the district court as in the filing of an original action.
History:
L. 1963, ch. 303, 60-2101; L. 1974, ch. 168, § 7; L. 1975, ch. 178, § 27; L. 1976, ch. 251, § 29; L. 1977, ch. 112, § 24; L. 1984, ch. 338, § 29; July 1.
Notes of Decisions
Cited in
506
cases (
117 in the last 5 years), 1952–2026 · leading case:
State v. Clark, 486 P.3d 591 (Kan. 2021).
State v. Clark, 486 P.3d 591 (Kan. 2021).
· cites it 29× “22-3504 is controlled by the law in effect at the time the sentence was pronounced. 6.”
In Re Lakeview Gardens, Inc., 605 P.2d 576 (Kan. 1980).
· cites it 34× “Appellant contends, and appellee concedes, that appeal should have been perfected pursuant to K.S.A. 1979 Supp. 60-2101( d ). Neither statute requires recital in the notice of appeal of the statutory authority relied upon, thus the amended portion was not a critical or necessary…”
Brinson v. Sch. Dist. 431, 576 P.2d 602 (Kan. 1978).
· cites it 23× “She then appealed to the district court under authority of K.S.A. 1974 Supp. 60-2101( a ) (now K.S.A.”
Friends of Bethany Place, Inc. v. City of Topeka, 307 P.3d 1255 (Kan. 2013).
· cites it 12× “75-2724(b) provides that “[a]ny person aggrieved by the determination of a governing body pursuant to this section may seek review of such determination in accordance with K.S.A. 60-2101 and amendments thereto.” (Emphasis added.”
Brown v. Bd. of Educ., 928 P.2d 57 (Kan. 1996).
· cites it 14× “K.S.A. 60-2101(a) (Corrick), now K.S.A. 60-2101(d).”
Denning v. Johnson Cnty. Sheriff's Civil Serv. Bd, 329 P.3d 440 (Kan. 2014).
· cites it 19× “847 [1972], to conclude that any appeal from a decision of a sheriff's civil service board must be taken exclusively under K.S.A. 60-2101[d] because a sheriff's civil service board acts as a quasi-judicial body); see also Landau v.”
State v. Berreth, 273 P.3d 752 (Kan. 2012).
· cites it 6× “"); K.S.A. 60-2101(a) ("The court of appeals shall have jurisdiction to hear appeals from district courts, except in those cases reviewable by law in the district court and in those cases where a direct appeal to the supreme court is required by law.”
State v. McCroy, 458 P.3d 988 (Kan. Ct. App. 2020).
· cites it 13× “K.S.A. 60-2101 is the starting point for the inquiry into appellate jurisdiction in both civil and criminal cases.”
State v. Young, 490 P.3d 1183 (Kan. 2021).
· cites it 5× “That statute invests the Court of Appeals (see K.S.A. 60-2101[a]) and the Supreme Court (see K.”
Hodes & Nauser, MDS, P.A. v. Schmidt, 440 P.3d 461 (Kan. 2019).
· cites it 2× “We granted the State's petition for review, providing our jurisdiction under K.S.A. 60-2101(b). ANALYSIS The ultimate question presented in this appeal is whether the trial court erred in granting a temporary injunction.”
Flores Rentals, L.L.C. v. Flores, 153 P.3d 523 (Kan. 2007).
· cites it 5× “60-2101 also provides for jurisdiction of the Court of Appeals, stating that court has jurisdiction to hear civil appeals from the district court “subject to the provisions of K.”
— K.S.A. § 60-2101(4) — 1 case
In Re Lakeview Gardens, Inc., 605 P.2d 576 (Kan. 1980).
“Appellant contends, and appellee concedes, that appeal should have been perfected pursuant to K.S.A. 1979 Supp. 60-2101( d ). Neither statute requires recital in the notice of appeal of the statutory authority relied upon, thus the amended portion was not a critical or necessary…”
— K.S.A. § 60-2101(a) — 53 cases
Brinson v. Sch. Dist. 431, 576 P.2d 602 (Kan. 1978).
“She then appealed to the district court under authority of K.S.A. 1974 Supp. 60-2101( a ) (now K.S.A.”
State v. Clark, 486 P.3d 591 (Kan. 2021).
“22-3504 is controlled by the law in effect at the time the sentence was pronounced. 6.”
State v. Berreth, 273 P.3d 752 (Kan. 2012).
“"); K.S.A. 60-2101(a) ("The court of appeals shall have jurisdiction to hear appeals from district courts, except in those cases reviewable by law in the district court and in those cases where a direct appeal to the supreme court is required by law.”
State v. McCroy, 458 P.3d 988 (Kan. Ct. App. 2020).
“K.S.A. 60-2101 is the starting point for the inquiry into appellate jurisdiction in both civil and criminal cases.”
— K.S.A. § 60-2101(a)(2) — 1 case
— K.S.A. § 60-2101(b) — 340 cases
State v. Clark, 486 P.3d 591 (Kan. 2021).
“22-3504 is controlled by the law in effect at the time the sentence was pronounced. 6.”
Hodes & Nauser, MDS, P.A. v. Schmidt, 440 P.3d 461 (Kan. 2019).
“We granted the State's petition for review, providing our jurisdiction under K.S.A. 60-2101(b). ANALYSIS The ultimate question presented in this appeal is whether the trial court erred in granting a temporary injunction.”
State v. Berreth, 273 P.3d 752 (Kan. 2012).
“"); K.S.A. 60-2101(a) ("The court of appeals shall have jurisdiction to hear appeals from district courts, except in those cases reviewable by law in the district court and in those cases where a direct appeal to the supreme court is required by law.”
— K.S.A. § 60-2101(c) — 1 case
— K.S.A. § 60-2101(cZ) — 1 case
— K.S.A. § 60-2101(d) — 80 cases
In Re Lakeview Gardens, Inc., 605 P.2d 576 (Kan. 1980).
“Appellant contends, and appellee concedes, that appeal should have been perfected pursuant to K.S.A. 1979 Supp. 60-2101( d ). Neither statute requires recital in the notice of appeal of the statutory authority relied upon, thus the amended portion was not a critical or necessary…”
Denning v. Johnson Cnty. Sheriff's Civil Serv. Bd, 329 P.3d 440 (Kan. 2014).
“847 [1972], to conclude that any appeal from a decision of a sheriff's civil service board must be taken exclusively under K.S.A. 60-2101[d] because a sheriff's civil service board acts as a quasi-judicial body); see also Landau v.”
Friends of Bethany Place, Inc. v. City of Topeka, 307 P.3d 1255 (Kan. 2013).
“75-2724(b) provides that “[a]ny person aggrieved by the determination of a governing body pursuant to this section may seek review of such determination in accordance with K.S.A. 60-2101 and amendments thereto.” (Emphasis added.”
— K.S.A. § 60-2101(fe) — 1 case
— K.S.A. § 60-2101(o) — 2 cases
Brinson v. Sch. Dist. 431, 576 P.2d 602 (Kan. 1978).
“She then appealed to the district court under authority of K.S.A. 1974 Supp. 60-2101( a ) (now K.S.A.”
— K.S.A. § 60-2101(á) — 1 case
In Re Lakeview Gardens, Inc., 605 P.2d 576 (Kan. 1980).
“Appellant contends, and appellee concedes, that appeal should have been perfected pursuant to K.S.A. 1979 Supp. 60-2101( d ). Neither statute requires recital in the notice of appeal of the statutory authority relied upon, thus the amended portion was not a critical or necessary…”
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