Carlman v. Shields Drilling Co.

Court of Appeals of Kansas

Carlman v. Shields Drilling Co.

593 P.2d 1013, 3 Kan. App. 2d 282, 1979 Kan. App. LEXIS 195

CourtCourt of Appeals of Kansas

DecidedApril 27, 1979

DocketNo. 49,907

StatusPublished

Cited by1 cases

This text of 593 P.2d 1013 (Carlman v. Shields Drilling Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Carlman v. Shields Drilling Co., 593 P.2d 1013, 3 Kan. App. 2d 282, 1979 Kan. App. LEXIS 195 (kanctapp 1979).

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Opinion

Rees, J.:

This is an appeal from a district court decision in a workers’ compensation proceeding. The notice of appeal was filed February 21, 1978. Although the journal entry of judgment covering the decision of the district court was filed February 8, 1978, the trial court communicated to counsel its decision by “written decision” filed January 27, 1978. Thus, under Hensley v. Carl Graham Glass, 3 Kan. App. 2d 57, 589 P.2d 124 (1979), rev. granted February 19, 1979, we would be without jurisdiction.

K.S.A. 1978 Supp. 44-556(c) has been amended. Sen. Bill No. 423, effective April 24, 1979. The time for the filing of a notice of appeal is now expressly stated to be “within thirty (30) days after the entry of judgment as provided in K.S.A. 60-258 and amendments thereto.” The mentioned statutory amendment also provides pending appeals shall be deemed timely if the notice of appeal was filed within twenty (20) days from the date of the journal entry of judgment. Accordingly, we have jurisdiction.

With regard to the nonjurisdictional issue on appeal, the district court judgment is affirmed. Horton v. Fleming Co., 3 Kan. App. 2d 121, 590 P.2d 594 (1979), rev. denied April 11, 1979.

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Rees, J.:

This is an appeal from a district court decision in a workers’ compensation proceeding. The notice of appeal was filed February 21, 1978. Although the journal entry of judgment covering the decision of the district court was filed February 8, 1978, the trial court communicated to counsel its decision by “written decision” filed January 27, 1978. Thus, under Hensley v. Carl Graham Glass, 3 Kan. App. 2d 57, 589 P.2d 124 (1979), rev. granted February 19, 1979, we would be without jurisdiction.

K.S.A. 1978 Supp. 44-556(c) has been amended. Sen. Bill No. 423, effective April 24, 1979. The time for the filing of a notice of appeal is now expressly stated to be “within thirty (30) days after the entry of judgment as provided in K.S.A. 60-258 and amendments thereto.” The mentioned statutory amendment also provides pending appeals shall be deemed timely if the notice of appeal was filed within twenty (20) days from the date of the journal entry of judgment. Accordingly, we have jurisdiction.

With regard to the nonjurisdictional issue on appeal, the district court judgment is affirmed. Horton v. Fleming Co., 3 Kan. App. 2d 121, 590 P.2d 594 (1979), rev. denied April 11, 1979.

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593 P.2d 1013, 3 Kan. App. 2d 282, 1979 Kan. App. LEXIS 195, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carlman-v-shields-drilling-co-kanctapp-1979.

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