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 14 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, and amendments thereto.
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; L. 2010, ch. 135, § 197; July 1.
Notes of Decisions
Cited in
31
cases (
8 in the last 5 years), 1977–2025 · leading case:
Hodges v. Johnson, 199 P.3d 1251 (Kan. 2009).
Hodges v. Johnson, 199 P.3d 1251 (Kan. 2009).
· cites it 21× “K.S.A. 61-2709, which governs appeals from actions brought in small claims court, states that “[i]f the appellee is successful on an appeal pursuant to this subsection, the court shall award to the appellee .”
Szoboszlay v. Glessner, 664 P.2d 1327 (Kan. 1983).
· cites it 9× “The appellant contends the trial court erred in failing to award him attorney fees as provided by K.S.A. 1982 Supp. 61-2709 in an appeal taken by Mrs.”
Brown v. Zimmerman, 506 P.3d 300 (Kan. Ct. App. 2022).
· cites it 24× “Zimmerman, now represented by an attorney, filed a timely notice of appeal in the Ellis County District Court, "pursuant to K.S.A. 61-2709(A)" requesting a trial de novo before a district judge.”
Armstrong v. Lowell H. Listrom & Co., 725 P.2d 540 (Kan. Ct. App. 1986).
· cites it 10× “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.”
Schuh v. Educ. Reading Servs. of Kansas, Inc., 626 P.2d 1219 (Kan. Ct. App. 1981).
· cites it 6× “) appeals from a trial court’s order denying its motion for attorney fees pursuant to K.S.A. 1980 Supp. 61-2709. Donald Martin Schuh filed a claim in the Shawnee County Small Claims Court to recover $168.”
Hodges v. Johnson, 178 P.3d 59 (Kan. Ct. App. 2008).
· cites it 10× “The small claims court found in favor of the Hodges, and the district court reached the same conclusion; however, it stated that no attorney fees were granted because Johnson's actions did not rise to the level of misrepresentation.”
Frost v. Cook, 58 P.3d 112 (Kan. Ct. App. 2002).
· cites it 7× “” *1273 K.S.A. 2001 Supp. 61-2709, the appeal provision of the Small Claims Act, provides in relevant part: “(a) An appeal may be taken from any judgment under the small claims procedure act.”
Wurtz v. Cedar Ridge Apts., 18 P.3d 299 (Kan. Ct. App. 2001).
· cites it 4× “However, Cedar Ridge did not cross-appeal to the district court the issue of whether the small claims court erred in refusing to award it a cancellation fee.”
Babe Houser Motor Co. v. Tetreault, 14 P.3d 1149 (Kan. 2000).
“77-515(a), has without apparent great problems permitted participation by a duly authorized representative where a corporation or other artificial entity is involved.”
Rood v. Kansas City Power & Light Co., 755 P.2d 502 (Kan. 1988).
· cites it 2× “K.S.A. 1987 Supp. 61-2709(a) permits a trial court to award to the appellee reasonable attorney fees as a part of the costs, where the appellee is successful on appeal in a small claims case.”
Windholz v. Willis, 573 P.2d 1100 (Kan. Ct. App. 1977).
“Under former K.S.A. 1975 Supp. 61-2709, appeals in small claims cases were governed by “the code of civil procedure before courts of limited jurisdiction.”
Walker v. State, 988 P.2d 283 (Kan. Ct. App. 1999).
“, K.S.A. 61-2709(a) (appeal from small claims court); K.”
— K.S.A. § 61-2709(A) — 1 case
Brown v. Zimmerman, 506 P.3d 300 (Kan. Ct. App. 2022).
“Zimmerman, now represented by an attorney, filed a timely notice of appeal in the Ellis County District Court, "pursuant to K.S.A. 61-2709(A)" requesting a trial de novo before a district judge.”
— K.S.A. § 61-2709(a) — 24 cases
Hodges v. Johnson, 199 P.3d 1251 (Kan. 2009).
“K.S.A. 61-2709, which governs appeals from actions brought in small claims court, states that “[i]f the appellee is successful on an appeal pursuant to this subsection, the court shall award to the appellee .”
Brown v. Zimmerman, 506 P.3d 300 (Kan. Ct. App. 2022).
“Zimmerman, now represented by an attorney, filed a timely notice of appeal in the Ellis County District Court, "pursuant to K.S.A. 61-2709(A)" requesting a trial de novo before a district judge.”
Armstrong v. Lowell H. Listrom & Co., 725 P.2d 540 (Kan. Ct. App. 1986).
“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.”
Hodges v. Johnson, 178 P.3d 59 (Kan. Ct. App. 2008).
“The small claims court found in favor of the Hodges, and the district court reached the same conclusion; however, it stated that no attorney fees were granted because Johnson's actions did not rise to the level of misrepresentation.”
Wurtz v. Cedar Ridge Apts., 18 P.3d 299 (Kan. Ct. App. 2001).
“However, Cedar Ridge did not cross-appeal to the district court the issue of whether the small claims court erred in refusing to award it a cancellation fee.”
— K.S.A. § 61-2709(b) — 2 cases
— K.S.A. § 61-2709(c) — 1 case
Szoboszlay v. Glessner, 664 P.2d 1327 (Kan. 1983).
“The appellant contends the trial court erred in failing to award him attorney fees as provided by K.S.A. 1982 Supp. 61-2709 in an appeal taken by Mrs.”
— K.S.A. § 61-2709(fo) — 1 case
Szoboszlay v. Glessner, 664 P.2d 1327 (Kan. 1983).
“The appellant contends the trial court erred in failing to award him attorney fees as provided by K.S.A. 1982 Supp. 61-2709 in an appeal taken by Mrs.”
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