Printable Format61-2709. Appeals. (a) An appeal may be taken from any judgment under the small claims procedure act. All appeals shall be by notice of appeal specifying the party or parties taking the appeal and the order, ruling, decision or judgment complained of and shall be filed with the clerk of the district court within 14 days after entry of judgment. All appeals shall be tried and determined de novo before a district judge, other than the judge from which the appeal is taken. The provisions of K.S.A. 60-2001 and 61-1716, and amendments thereto, shall be applicable to actions appealed pursuant to this subsection. The appealing party shall cause notice of the appeal to be served upon all other parties to the action in accordance with the provisions of K.S.A. 60-205, and amendments thereto. An appeal shall be perfected upon the filing of the notice of appeal. When the appeal is perfected, the clerk of the court or the judge from which the appeal is taken shall refer the case to the chief judge for assignment in accordance with this section. All proceedings for the enforcement of any judgment under the small claims procedure act shall be stayed during the time within which an appeal may be taken and during the pendency of an appeal, without the necessity of the appellant filing a supersedeas bond. If the appellee is successful on an appeal pursuant to this subsection, the court shall award to the appellee, as part of the costs, reasonable attorney fees incurred by the appellee on appeal.
(b) Any order, ruling, decision or judgment rendered by a district judge on an appeal taken pursuant to subsection (a) may be appealed in the manner provided in article 21 of chapter 60 of the Kansas Statutes Annotated, and amendments thereto.
History: L. 1973, ch. 239, § 9; L. 1974, ch. 242, § 2; L. 1976, ch. 258, § 58; L. 1977, ch. 208, § 1; L. 1979, ch. 187, § 3; L. 1982, ch. 116, § 12; L. 1986, ch. 115, § 101; L. 1999, ch. 57, § 61; L. 2010, ch. 135, § 197; July 1.
Law Review and Bar Journal References:
Reason for 1977 amendment explained in "Legislation 1977," David J. Heinemann, 46 J.B.A.K. 69, 90 (1977).
"Plaintiff's Guide To Court Awarded Attorney Fees," Gerald W. Scott and Mark A. Scott, J.K.T.L.A. Vol. XVII, No. 6, 4 (1994).
"Kansas Appellate Advocacy: An Inside View of Common-Sense Strategy," Patrick Hughes, 66 J.K.B.A. No. 2, 26 (1997).
"Recent Developments in Kansas Residential Landlord-Tenant and Eviction Law," Suzanne Carey McAllister, 55 K.L.R. 933 (2007).
Attorney General's Opinions:
Small claims procedure. 86-107.
CASE ANNOTATIONS
1. History of section referred to in reversing judgment rendered during period neither party entitled to counsel or jury trial. Windholz v. Willis, 1 Kan. App. 2d 683, 684, 686, 573 P.2d 1100.
2. Where a plaintiff voluntarily dismisses an appeal under the Small Claims Procedure Act, the defendant shall be deemed successful on appeal and entitled to attorney fees. Schuh v. Educational Reading Services of Kansas, 6 Kan. App. 2d 100, 101, 102, 626 P.2d 1219.
3. In appeal from judgment rendered in small claims procedure act case (K.S.A. 61-2701 et seq.) time limit for appeal is 30 days rather than 10 days prescribed under K.S.A. 61-2102. Court must award successful appellee reasonable attorney fees. Szoboszlay v. Glessner, 233 Kan. 475, 477, 478, 480, 481, 482, 485, 664 P.2d 1327 (1983).
4. District court hearing small claims appeal de novo cannot grant judgment beyond scope of small claims jurisdiction. Armstrong v. Lowell H. Listrom & Co., 11 Kan. App. 2d 448, 725 P.2d 540 (1986).
5. While not specifically provided for, successful appellee allowed reasonable attorney fee on final appeal. Vogel v. Haynes, 11 Kan. App. 2d 454, 457, 730 P.2d 1096 (1986).
6. Successful appellee entitled to reasonable attorney fee in appeal regardless whether representation provided at no charge. Quigley v. Sears, 11 Kan. App. 2d 468, 471, 472, 726 P.2d 293 (1986).
7. Upon dismissal of appeal, original small claims judgment provides valid basis for issuance of garnishment orders. Cox v. Bohm, 12 Kan. App. 2d 120, 735 P.2d 1108 (1987).
8. Cited; attorney fees assessed against plaintiff's counsel for pursuing punitive damages unreasonable and in bad faith (K.S.A. 60-2007) examined. Rood v. Kansas City Power & Light Co., 243 Kan. 14, 22, 755 P.2d 502 (1988).
9. Where appellee's judgment in small claims court reduced by about 60% in appeal to district court, appellee not substantially successful. C.W. Beamgard Co. v. Leudke, 17 Kan. App. 2d 654, 656, 842 P.2d 317 (1992).
10. District court sitting as small claims appellate court limited to jurisdictional amount; counterclaimant may reserve right to sue for excess. Shollenberger v. Sease, 18 Kan. App. 2d 614, 616, 856 P.2d 951 (1993).
11. An appeal from small claims action may only decide issues properly preserved for appeal. Wurtz v. Cedar Ridge Apts., 28 Kan. App. 2d 609, 18 P.3d 299 (2001).
12. Award of attorney fees to appellee, prevailing party is mandatory. Hodges v. Johnson, 39 Kan. App. 2d 220, 226, 227, 178 P.3d 59 (2008).
13. District court reversed after denying appellee the award of attorney fees. Hodges v. Johnson, 288 Kan. 56, 199 P.3d 1251 (2009).
14. Appeal of a small claims action judgment of a district magistrate judge not admitted to practice law in Kansas shall be tried and determined de novo by a district judge. Brown v. Zimmerman, 61 Kan. App. 2d 537, 546, 506 P.3d 300 (2022).