kansas appellate practice handbook - Kansas Judicial Branch

Appellate Jurisdiction 5-43
(4) upon an order granting a new trial in any case involving a class A
or B felony or, for crimes committed on or after July 1, 1993, any case
involving an off-grid crime; and (5) pretrial orders quashing a warrant
or search warrant, suppressing evidence, or suppressing a confession or
admission. K.S.A. 22-3602(d); K.S.A. 22-3603. Again, further review by
the appellate courts is possible.
For appeals from orders of a district magistrate judge to a district
judge in juvenile offender proceedings, see K.S.A. 38-2382. However, an
appeal of a magistrate judge’s decision to prosecute a juvenile as an adult
is properly filed with the appellate courts, not the district court, after a
conviction. State v. Hartpence, 30 Kan. App. 2d 486, 494, 42 P.3d 1197
(2002).
§ 5.32 Appeals from Decisions of District Magistrate Judges in
Civil Cases
In a civil action, an appeal can be taken from an order or final
decision of a district magistrate judge to a district judge. A notice of
appeal must be filed with the clerk of the district court within 14 days
after entry of the order or decision. K.S.A. 60-2103a(a). Failure to file
a timely appeal deprives the district court of jurisdiction. See Explorer,
Inc. v. Duranotic Door, Inc., No. 104,560, 2011 WL 5833351, *3 (Kan. App.
2011) (unpublished opinion).
In limited actions, an appeal can be taken from “orders, rulings,
decisions or judgments” of a district magistrate judge to a district judge.
K.S.A. 61-3902(a). A notice of appeal must be filed with the clerk of the
district court within 14 days after entry of the order or decision except
that notice of appeal by the defendant from that portion of a judgment
in a forcible detainer action granting restitution of the premises must be
filed within 7 days after entry of judgment. See K.S.A. 61-3902(a).
Under the Revised Kansas Code for Care of Children, appeals can
be taken from an order entered by a district magistrate judge to a district
judge in accordance with K.S.A. 38-2273(b).
In all three instances, further review by the appellate courts is
permissible in accordance with the rules governing appeals from the
district court to the appellate courts.
For appeals from a district magistrate judge to a district judge in
probate proceedings, see § 5.22, supra.
2013