60-2101. Appellate jurisdiction of court of appeals and supreme court; appeal of order of political or taxing subdivision.
60-2101
60-2101. Appellate jurisdiction of court of appeals and supremecourt; appeal of order of political or taxing subdivision.(a) The court of appeals shall have jurisdiction to hear appeals fromdistrict courts, except in those cases reviewable by law in the districtcourt and in those cases where a direct appeal to the supreme court isrequired by law. The court of appeals also shall have jurisdiction tohear appeals from administrative decisions where a statute specificallyauthorizes an appeal directly to the court of appeals from anadministrative body or office. In any case properly before it, the courtof appeals shall have jurisdiction to correct, modify, vacate or reverseany act, order or judgment of a district court to assure that any suchact, order or judgment is just, legal and free of abuse. Appeals fromthe district court to the court of appeals in criminal cases shall besubject to the provisions of K.S.A. 22-3601 and 22-3602, andamendments thereto, and appeals from the district court to the court ofappeals 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 courtor court of appeals in order to assure that any such act, order or judgmentis just, legal and free of abuse. An appeal from a final judgment of adistrict court in any civil action in which a statute of this state orof the United States has been held unconstitutional shall be takendirectly to the supreme court. Direct appeals from the district courtto the supreme court in criminal cases shall be as prescribed by K.S.A.22-3601 and 22-3602, and amendments thereto. Casesappealed to the court of appeals may be transferred to the supreme courtas provided in K.S.A. 20-3016 and 20-3017, and amendments thereto, andany decision of the court of appeals shall be subject to review by thesupreme court as provided in subsection (b) of K.S.A. 20-3018, andamendments thereto, except that any party may appeal from a finaldecision of the court of appeals to the supreme court, as a matter ofright, whenever a question under the constitution of either the UnitedStates 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 "appellatecourt" means the supreme court or court of appeals, depending on thecontext in which such term is used and the respective jurisdiction ofsuch courts over appeals in civil actions as provided in this sectionand K.S.A. 60-2102, and amendments thereto.
(d) A judgment rendered or final order made by a political or taxingsubdivision, or any agency thereof, exercising judicial orquasi-judicial functions may bereversed, vacated or modified by the district court on appeal. If noother means for perfecting such appeal is provided by law, it shall besufficient for an aggrieved party to file a notice that such party isappealing from such judgment or order with such subdivision or agency within30 days of its entry, and then causing true copies of allpertinent proceedings before such subdivision or agency to be prepared andfiled with the clerk of the district court in the county in which suchjudgment or order was entered. The clerk shall thereupon docket thesame as an action in the district court, which court shall then proceedto review the same, either with or without additional pleadings andevidence, and enter such order or judgment as justice shall require. Adocket fee shall be required by the clerk of the district court as inthe 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.