kansas appellate practice handbook - Kansas Judicial Branch

Appellate Jurisdiction 5-
CHAPTER 5
Appellate Jurisdiction
I. CREATION OF THE KANSAS APPELLATE COURTS
§ 5.1 Constitutional and Statutory Authority
The Kansas Constitution provides that the judicial power of the
state is vested in one court of justice, which consists of one Supreme
Court with general administrative authority over all other courts, district
courts, and “such other courts as are provided by law.” Kan. Const. art.
3, § 1. K.S.A. 20-3001 provided for the creation of the Kansas Court of
Appeals.
The Supreme Court has original jurisdiction in proceedings in quo
warranto, mandamus, and habeas corpus, and “such appellate jurisdiction
as may be provided by law.” Kan. Const. art. 3, § 3. The Court of Appeals
has “such jurisdiction over appeals in civil and criminal cases and from
administrative bodies and officers of the state as may be prescribed by
law.” K.S.A. 20-3001. The Court of Appeals also has “such original
jurisdiction as may be necessary to the complete determination of any
cause on review.” K.S.A. 20-3001.
Jurisdiction to entertain an appeal is conferred by statute. State v.
Verge, 272 Kan. 501, 521, 34 P.3d 449 (2001); In re J.D.B., 259 Kan. 872,
Syl. 1, 915 P.2d 69 (1996); City of Wichita v. Smith, 31 Kan. App. 2d 837,
839, 75 P.3d 1228 (2003). “The Kansas Constitution gives to the district
and appellate courts jurisdiction to hear appeals only as provided by law.
The Kansas Constitution gives the legislature the power to grant, limit,
and withdraw the appellate jurisdiction to be exercised by the courts.”
2013