In re Care & Treatment of Emerson

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 113,503 In the Matter of the Care and Treatment of CECIL W. EMERSON. SYLLABUS BY THE COURT A district court does not have jurisdiction over a litigant's motion to file a direct appeal out of time if a previous direct appeal by the same litigant had been dismissed by an appellate court. Jurisdiction over the appeal remains in the appellate court that dismissed the first appeal; the appeal can proceed only if the appellate court withdraws its mandate and allows the appeal to proceed. Review of the judgment of the Court of Appeals in 52 Kan. App.…