60-2102.Invoking jurisdiction of court ofappeals and supreme court.(a) Appeal to court of appeals as matter of right.Except for any order or final decision of adistrict magistrate judge, the appellate jurisdiction of the court of appealsmay be invoked by appeal as a matter of right from:
(1) An order that discharges, vacates or modifies a provisional remedy.
(2) An order that grants, continues, modifies, refuses or dissolves aninjunction, or an order that grants or refuses relief in the form ofmandamus, quo warranto or habeas corpus.
(3) An order that appoints a receiver or refuses to wind up areceivership or to take steps to accomplish the purposes thereof, such asdirecting sales or other disposal of property, or an order involving the tax orrevenue laws, the title to real estate, the constitution of thisstate or the constitution, laws or treaties of the United States.
(4) A final decision in any action, except in an actionwhere a direct appeal to the supreme court is required by law. In any appealor cross appeal from a final decision, any act orruling from the beginning of the proceedings shall be reviewable.
(b) Appeal to supreme court as matter of right. Theappellatejurisdiction of the supreme court maybe invoked byappeal as a matter of right from:
(1) A preliminary or final decision in which astatute of this state has been held unconstitutional as a violation of Article6 of the Kansas constitution pursuant toK.S.A. 2009 Supp.72-64b03, andamendmentsthereto. Any appeal filed pursuant to this subsection (b)(1)shall be filed within 30 days of the date the preliminary or final decision isfiled.
(2) A final decision of the district court in any action challenging theconstitutionality of or arising out of any provision of the Kansas expandedlottery act, any lottery gaming facility management contract or any racetrackgamingfacility management contract entered into pursuant to the Kansas expandedlottery act.
(c) Other appeals. When a district judge, in making in a civilaction an order not otherwise appealable under this section, is of the opinionthat such order involves a controlling question of law as to which there issubstantial ground for difference of opinion and that an immediate appeal fromthe order may materially advance the ultimate termination of the litigation,the judge shall so state in writing in such order. The court of appeals maythereupon, in its discretion, permit an appeal to be taken from such order, ifapplication is made to it within 10 days after the entry of the order undersuch terms and conditions as the supreme court fixes by rule. Application foran appeal hereunder shall not stay proceedings in the district court unless thedistrict judge or an appellate court or a judge thereof so orders.
60-2102.Invoking jurisdiction of court ofappeals and supreme court.(a) Appeal to court of appeals as matter of right.Except for any order or final decision of adistrict magistrate judge, the appellate jurisdiction of the court of appealsmay be invoked by appeal as a matter of right from:
(1) An order that discharges, vacates or modifies a provisional remedy.
(2) An order that grants, continues, modifies, refuses or dissolves aninjunction, or an order that grants or refuses relief in the form ofmandamus, quo warranto or habeas corpus.
(3) An order that appoints a receiver or refuses to wind up areceivership or to take steps to accomplish the purposes thereof, such asdirecting sales or other disposal of property, or an order involving the tax orrevenue laws, the title to real estate, the constitution of thisstate or the constitution, laws or treaties of the United States.
(4) A final decision in any action, except in an actionwhere a direct appeal to the supreme court is required by law. In any appealor cross appeal from a final decision, any act orruling from the beginning of the proceedings shall be reviewable.
(b) Appeal to supreme court as matter of right. Theappellatejurisdiction of the supreme court maybe invoked byappeal as a matter of right from:
(1) A preliminary or final decision in which astatute of this state has been held unconstitutional as a violation of Article6 of the Kansas constitution pursuant toK.S.A. 2009 Supp.72-64b03, andamendmentsthereto. Any appeal filed pursuant to this subsection (b)(1)shall be filed within 30 days of the date the preliminary or final decision isfiled.
(2) A final decision of the district court in any action challenging theconstitutionality of or arising out of any provision of the Kansas expandedlottery act, any lottery gaming facility management contract or any racetrackgamingfacility management contract entered into pursuant to the Kansas expandedlottery act.
(c) Other appeals. When a district judge, in making in a civilaction an order not otherwise appealable under this section, is of the opinionthat such order involves a controlling question of law as to which there issubstantial ground for difference of opinion and that an immediate appeal fromthe order may materially advance the ultimate termination of the litigation,the judge shall so state in writing in such order. The court of appeals maythereupon, in its discretion, permit an appeal to be taken from such order, ifapplication is made to it within 10 days after the entry of the order undersuch terms and conditions as the supreme court fixes by rule. Application foran appeal hereunder shall not stay proceedings in the district court unless thedistrict judge or an appellate court or a judge thereof so orders.
60-2102.Invoking jurisdiction of court ofappeals and supreme court.(a) Appeal to court of appeals as matter of right.Except for any order or final decision of adistrict magistrate judge, the appellate jurisdiction of the court of appealsmay be invoked by appeal as a matter of right from:
(1) An order that discharges, vacates or modifies a provisional remedy.
(2) An order that grants, continues, modifies, refuses or dissolves aninjunction, or an order that grants or refuses relief in the form ofmandamus, quo warranto or habeas corpus.
(3) An order that appoints a receiver or refuses to wind up areceivership or to take steps to accomplish the purposes thereof, such asdirecting sales or other disposal of property, or an order involving the tax orrevenue laws, the title to real estate, the constitution of thisstate or the constitution, laws or treaties of the United States.
(4) A final decision in any action, except in an actionwhere a direct appeal to the supreme court is required by law. In any appealor cross appeal from a final decision, any act orruling from the beginning of the proceedings shall be reviewable.
(b) Appeal to supreme court as matter of right. Theappellatejurisdiction of the supreme court maybe invoked byappeal as a matter of right from:
(1) A preliminary or final decision in which astatute of this state has been held unconstitutional as a violation of Article6 of the Kansas constitution pursuant toK.S.A. 2009 Supp.72-64b03, andamendmentsthereto. Any appeal filed pursuant to this subsection (b)(1)shall be filed within 30 days of the date the preliminary or final decision isfiled.
(2) A final decision of the district court in any action challenging theconstitutionality of or arising out of any provision of the Kansas expandedlottery act, any lottery gaming facility management contract or any racetrackgamingfacility management contract entered into pursuant to the Kansas expandedlottery act.
(c) Other appeals. When a district judge, in making in a civilaction an order not otherwise appealable under this section, is of the opinionthat such order involves a controlling question of law as to which there issubstantial ground for difference of opinion and that an immediate appeal fromthe order may materially advance the ultimate termination of the litigation,the judge shall so state in writing in such order. The court of appeals maythereupon, in its discretion, permit an appeal to be taken from such order, ifapplication is made to it within 10 days after the entry of the order undersuch terms and conditions as the supreme court fixes by rule. Application foran appeal hereunder shall not stay proceedings in the district court unless thedistrict judge or an appellate court or a judge thereof so orders.
