Holton Transport, Inc. v. State Corp. Commission

Harman, C.J. Retired:

In this proceeding for common carrier authority, appellant Holton Transport, Inc. seeks relief from a district court order remanding the matter to the Kansas Corporation Commission for a more specific and concise statement of its findings. Holton asserts, instead, the court should have declared the KCC’s action unlawful and void.

The threshold question is whether the court’s order of remand for further findings of fact is an appealable order.

The general rule is that remand orders are not appealable in the absence of exceptional circumstances. See 15 Wright, Miller &…