Legal Opinion · Dissent

Schroeder v. Urban

Supreme Court of Kansas

Decided February 19, 1988No. 60,847Published

1DissentLockett, J.

The controlling issue is not whether a party should be denied the right to an appeal because of “unique circumstances,” but rather whether this court has the power to rewrite K.S.A. 60-2103(a) to allow the district judge upon a timely request to extend the time for an appeal?!

This court has only such appellate jurisdiction as is provided by law. Jurisdiction to entertain an appeal is conferred by statute pursuant to article 3, § 3 of the Kansas Constitution, and when the record discloses a lack of jurisdiction, it is the duty of this court to dismiss the appeal. State v. Moses, 227 Kan. 400,…

2Cases cited2 opinions

  1. State v. MosesSupreme Court of Kansas · 1980
  2. State v. TrippSupreme Court of Kansas · 1985

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