kansas appellate practice handbook - Kansas Judicial Branch

5-32 Appellate Jurisdiction
2013
4.01. See Flores Rentals v. Flores, 283 Kan. 476, 481, 153 P.3d 523 (2007);
State ex rel. Board of Healing Arts v. Beyrle, 262 Kan. 507, 508-09, 941 P.2d
371 (1997). The application must be served within 14 days after filing of
the order. K.S.A. 60-2102(c); Rule 4.01.
PRACTICE NOTE: Application to take a civil
interlocutory appeal must be made to the Court of
Appeals even though some, or all, of the issues lie
within Supreme Court jurisdiction, e.g., a statute has been
declared unconstitutional. If permission to appeal is
granted, the case will later be transferred to the Supreme
Court.
The required findings are the first step. The district judge must make
the findings required by the statute in the order from which the appeal is
to be taken. Anderson v. Beech Aircraft Corp., 237 Kan. 336, 337-38, 699 P.2d
1023 (1985). If, however, the order does not contain the findings required
by the statute, the order can be amended to include the requisite findings,
provided a motion to amend is filed and served within 14 days of the
filing of the original order. In that case, the application for permission to
take an appeal may be served within 14 days after filing of the amended
order. Rule 4.01.
Rule 4.01 sets out what an application for permission to take an
interlocutory appeal must contain. Further, the rule provides that an
adverse party may respond to the application within the time limit set out
in the rule. Finally, the rule sets out what procedure must be followed
if permission to appeal is granted, e.g., when the appeal is deemed
docketed.
PRACTICE NOTE: Few applications to take civil
interlocutory appeals are granted. Counsel should
carefully consider whether their case meets the three
statutory requirements: controlling question of law,
substantial ground for difference of opinion, and
material advancement of termination of litigation. If
so, the application should be thorough with particular
attention paid to the “substantial ground for difference
of opinion.” Citation to authority is critical, but foreign
jurisdictions cannot be cited to establish a difference of
opinion if the question of law has been answered in
Kansas.