From Casetext: Smarter Legal Research

Hensley v. Carl Graham Glass

Court of Appeals of Kansas
Jan 12, 1979
3 Kan. App. 2 (Kan. Ct. App. 1979)

Summary

In Hensley v. Carl Graham Glass, 3 Kan. App. 2d 57, 589 P.2d 124 (1979), the Court of Appeals dismissed a workers' compensation appeal for lack of jurisdiction on the grounds that the appeal was not filed within twenty days of the award of the district court rendered on the record at the close of the hearing on February 21, 1978, although the journal entry was not filed until March 20, 1978.

Summary of this case from Dieter v. Lawrence Paper Co.

Opinion


589 P.2d 124 (Kan.App. 1979) 3 Kan.App.2d 57 Iva J. HENSLEY, widow of Elmer Wallace Hensley, Deceased, Appellee, v. Carl Graham GLASS, a Division of Sherwin-Williams, and Liberty Mutual Insurance Company, Appellants. No. 50001. Court of Appeals of Kansas January 12, 1979

       Syllabus by the Court

       The Kansas Workmen's Compensation Act requires the notice of appeal from the district court to be filed within twenty (20) days from the date the judgment is rendered, not from the date on which the journal entry is filed.

       Douglas D. Johnson of Kassebaums&sJohnson, Wichita, for appellants.

       George E. McCullough of McCullough, Wareheims&sLaBunker, Topeka, for appellee.

       Before ABBOTT, P. J., and SPENCER and PARKS, JJ.

       PARKS, Judge:

       The Liberty Mutual Insurance Company and its insured, Carl Graham Glass (a division of Sherwin-Williams), appeal a Sedgwick County district court order wherein workmen's compensation benefits were granted to the claimant, Iva J. Hensley, widow of Elmer Wallace Hensley, who was an employee of the respondent glass company.

       The facts of the occurrence out of which Mrs. Hensley's claim arose need not be detailed because procedural aspects of the case preclude a determination on the merits.

       The essential question is whether the notice of appeal filed on April 6, 1978, was timely.

       The right to appeal is strictly statutory in nature. It may be limited by the legislature to any class or classes of cases, or in any manner, or may be withdrawn completely. Everett v. Blue Cross-Blue Shield Ass'n, 225 Kan. 63, 587 P.2d 873 (No. 48,957, decided December 9, 1978); Brinson v. School District, 223 Kan. 465, 467, 576 P.2d 602 (1978).

       Workmen's compensation procedures in K.S.A.1978 Supp. 44-556 are complete and exclusive and are not to be supplemented by rules borrowed from the Code of Civil Procedure. Krueger v. Hoch, 202 Kan. 319, Syl. P 2,447 P.2d 823 (1968); Magers v. Martin Marietta Corporation, 193 Kan. 137, Syl. P 1, 392 P.2d 148 (1964); see also Brinson v. School District, 223 Kan. at 468, 576 P.2d 602. Section (C ) of K.S.A. 44-556 has remained unchanged for more than 40 years:

[3 Kan.App.2d 58] "(A workmen's compensation) appeal shall be taken and perfected by the filing of a written notice of appeal with the clerk of the district court within twenty (20) days after the final order of said district court, and thereafter such appeal shall be prosecuted in like manner as other appeals in civil cases . . . ."

       It has long been the rule in this state that where an appeal from the district court in a workmen's compensation case is not taken and perfected within 20 days, appellate courts have no jurisdiction to consider it and the appeal must be dismissed. The time in which such an appeal may be taken begins to run from the day the judgment is rendered, not from the date on which the journal entry of judgment is filed. Brower v. Sedgwick County Comm'rs, 142 Kan. 7, Syl. P 1 and P 2, 45 P.2d 835 (1935).

       Here the notice of appeal shows on its face that the appeal was not timely filed:

"Notice is hereby given that Carl Graham Glass, a division of Sherwin-Williams, respondent, and Liberty Mutual Insurance Company, insurance carrier, appeal from the judgment of this court entered on the 21st day of February, 1978, and filed on the 20th day of March, 1978, to the Court of Appeals of the State of Kansas."

       The 20-day appeal period began running on February 21, 1978, and elapsed before the respondents filed their notice of appeal on April 6, 1978. Accordingly, we have no jurisdiction.

       The appeal is dismissed.


Summaries of

Hensley v. Carl Graham Glass

Court of Appeals of Kansas
Jan 12, 1979
3 Kan. App. 2 (Kan. Ct. App. 1979)

In Hensley v. Carl Graham Glass, 3 Kan. App. 2d 57, 589 P.2d 124 (1979), the Court of Appeals dismissed a workers' compensation appeal for lack of jurisdiction on the grounds that the appeal was not filed within twenty days of the award of the district court rendered on the record at the close of the hearing on February 21, 1978, although the journal entry was not filed until March 20, 1978.

Summary of this case from Dieter v. Lawrence Paper Co.

In Hensley, 226 Kan. 256, it is stated that the purpose of the 1979 amendment to 44-556(c) was to conform the time for appeal in workers' compensation cases to those in other civil actions under K.S.A. 60-258 and K.S.A. 60-2103. K.S.A. 60-258 specifically provides that no judgment shall be effective unless and until a journal entry or judgment form is signed by the trial judge and filed with the district court.

Summary of this case from Dieter v. Lawrence Paper Co.
Case details for

Hensley v. Carl Graham Glass

Case Details

Full title:IVA J. HENSLEY, Widow of ELMER WALLACE HENSLEY, Deceased, Appellee, v…

Court:Court of Appeals of Kansas

Date published: Jan 12, 1979

Citations

3 Kan. App. 2 (Kan. Ct. App. 1979)
3 Kan. App. 2
3 Kan. App. 2d 57

Citing Cases

Hensley v. Carl Graham Glass

In an appeal from an award in a workmen's compensation case, the record is examined and, based upon the facts…

Dieter v. Lawrence Paper Co.

(Emphasis supplied.) In Hensley v. Carl Graham Glass, 3 Kan. App. 2d 57, 589 P.2d 124 (1979), the Court of…