3 Kan. App. 2d 183 - Carson v. Eberth’s Empirical Analysis

Citation profile

23 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The purpose of this rule and of its predecessor, former Rule No. 16 ( 214 Kan. xxxiii ), is to avoid the result reached in Roe Village, Inc. v. Board of County Commissioners, 195 Kan. 247 , 403 P.2d 970 (1965). There a notice of appeal was filed within thirty days of the trial court’s memorandum decision but before judgment was entered by journal entry; no notice of appeal was filed after judgment was entered. The court said ‘[a]n appeal from a judgment not yet rendered presents nothing for judicial review.’ 195 Kan. at 250 . The result was the dismissal of the appeal for lack of jurisdiction, even though the record and briefs had been filed and the parties had argued the merits. “Rule No. 2.03 serves as a savings clause; the overly cautious appellant who files his notice of appeal for fear his appeal time is running is protected from the Roe Village result. The last sentence of the rule, quoted above, provides the mechanics. In effect, the notice of appeal lies dormant until, such time as judgment is entered pursuant to K.S.A. 60-258. Under the rule it then has the same effect ‘as if the notice of appeal had been filed simultaneously with the actual entry of judgment.’ ””

   1 later decision quote this exact passage
   e.g. 11 Kan. App. 2d 91 - Miller v. Safeco Ins. Co. of America

2. ““A notice of appeal filed subsequent to an announcement by the judge of the district court on a judgment to be entered, but prior to the actual entry of judgment as provided in Sec. 60-258, shall be effective as notice of appeal under Sec. 60-2103, if it identifies the judgment or part thereof from which the appeal is taken with sufficient certainty to inform all parties of the rulings to be reviewed on appeal. Such advance filing shall have the same effect for purposes of the appeal as if the notice of appeal had been filed simultaneously with the actual entry of judgment, provided it complies with Sec. 60-2103(b).””

   1 later decision quote this exact passage
   e.g. 11 Kan. App. 2d 91 - Miller v. Safeco Ins. Co. of America