Carson v. Eberth

ORDER

En Banc

Foth, C.J.:

This is an application to reinstate an appeal purportedly dismissed by the district court under Rule No. 5.051 (224 Kan. iv, Advance Sheet No. 4). Because the proceedings below reflect an apparent misapprehension of that and related rules governing appellate practice which may be widespread, we take this occasion to set out for the benefit of the bench and bar our interpretation of those rules, particularly as applied to this case.

We are not concerned with the underlying facts or the merits, but only with the events surrounding the entry of judgment and the taking of…