kansas appellate practice handbook - Kansas Judicial Branch

7- Appellate Procedure
2013
“When there is but one court to which an appeal may be taken,
the failure to correctly name that court in the notice of appeal is a mere
irregularity to be disregarded unless the appellee has been misled or
otherwise prejudiced.” City of Ottawa v. McMechan, 17 Kan. App. 2d 31,
Syl. 2, 829 P.2d 927 (1992).
A notice of appeal must be filed within 30 days from “entry of the
judgment.” K.S.A. 60‐2103(a). Note, however, that a notice of appeal
from an order appointing or refusing to appoint a receiver must be filed
within 14 days of the entry of the order. K.S.A. 60‐1305.
Entry of judgment occurs when a journal entry or judgment form
is filed. K.S.A. 60‐258. A judgment is effective only when a journal entry
or judgment form is signed by the judge and filed with the clerk of the
district court. Trial docket minutes or judge’s notes do not comply with
K.S.A. 60‐258 and do not constitute entry of judgment. See In re Marriage
of Wilson, 245 Kan. 178, 180, 777 P.2d 773 (1989).
A notice of appeal filed after oral pronouncement of final judgment
but before the filing of a journal entry is a premature notice of appeal
that becomes effective upon the filing of the journal entry. A premature
notice of appeal must identify the judgment appealed from with sufficient
certainty to inform the parties of the rulings to be reviewed. Rule
2.03(a).
Rule 2.03 also validates a premature notice of appeal filed after a
journal entry of final judgment but prior to the filing of a journal entry on
a motion to alter or amend, or a motion to reconsider. See Resolution Trust
Corp. v. Bopp, 251 Kan. 539, Syl. 3, 836 P.2d 1142 (1992); Cornett v. Roth,
233 Kan. 936, 939‐40, 666 P.2d 1182 (1983); Hundley v. Pfuetze, 18 Kan.
App. 2d. 755, 756‐757, 858 P.2d 1244, rev. denied 253 Kan. 858 (1993).
Another type of premature notice of appeal occurs when multiple
parties or issues are involved in a case and judgment is entered that does
not dispose of all the parties or claims. The Kansas Supreme Court has
held that a notice of appeal filed after the interlocutory order becomes
effective upon entry of final judgment. “If a judgment is entered disposing
of all claims against one of multiple parties, and a premature notice of
appeal is filed and has not been dismissed, then a final judgment disposing
of all claims and all parties validates the premature notice of appeal
concerning the matters from which the appellant appealed.” Honeycutt v.
City of Wichita, 251 Kan. 451, Syl. 6, 836 P.2d 1128 (1992).