kansas appellate practice handbook - Kansas Judicial Branch

Appellate Jurisdiction 5-31
Other statutes may also authorize interlocutory appeals. See, e.g.,
K.S.A. 60-1305 (order refusing to appoint a receiver); and K.S.A. 5-418
(certain orders involving arbitration agreements).
Appeals under K.S.A. 60-2102(a) are taken to the Court of Appeals,
except where a direct appeal to the Supreme Court is required by law.
K.S.A. 60-2102(a)(4). Even though an order may seemingly fall within
one of these categories, the order itself must possess some semblance of
finality before the appeal will be allowed. For instance, in Valley State Bank
v. Geiger, 12 Kan. App. 2d 485, 748 P.2d 905 (1988), the court held that an
order of sale issued in a mortgage foreclosure action is not an appealable
order under K.S.A. 60-2102(a)(3) because it has no semblance of being a
final determination of the title to real estate. On the other hand, in Smith
v. Williams, 3 Kan. App. 2d 205, 592 P.2d 129 (1979), the court found
that an order establishing boundary lines and quieting title did have the
requisite semblance of finality even though other claims remained to be
resolved.
Similarly, “K.S.A. 60-2102 does not provide for an appeal when a
restraining order is granted.” U.S.D. No. 503 v. McKinney, 236 Kan. 224, 228,
689 P.2d 860 (1984). This is so because restraining orders are usually in
effect for only a brief period pending issuance of a temporary injunction.
236 Kan. at 228.
§ 5.20 Interlocutory Orders that are Appealable in the Court’s
Discretion
K.S.A. 60-2102(c) and Supreme Court Rule 4.01 provide that some
interlocutory orders may be appealed in the discretion of the Court of
Appeals. Under the statute and court rule, a district judge, issuing an
order that is not otherwise appealable, may make written findings that the
judge is of the opinion the order involves a controlling question of law
as to which there is substantial ground for difference of opinion and that
an immediate appeal from the order may materially advance the ultimate
termination of the litigation. See Duarte v. DeBruce Grain, Inc., 276 Kan.
598, 599, 78 P.3d 428 (2003); Cypress Media Inc. v. City of Overland Park, 268
Kan. 407, 413-14, 997 P.2d 681 (2000).
If these findings are made, the Court of Appeals may, in its discretion,
permit an appeal to be taken from the order if proper application for
permission to take an appeal is made to the Court of Appeals, under Rule
2013