Ullery v. OthickAnnotate this Case
Plaintiffs filed a wrongful death lawsuit against Defendants. The district judge issued a memorandum decision addressing various motions for partial and full summary judgment. Plaintiffs subsequently filed a motion seeking the district judge’s certification of the memorandum decision as a final judgment under Kan. Stat. Ann. 60-254(b). The district judge granted the request in a journal entry, determining that “there is no just reason for delay.” Within thirty days of the filing of the court’s journal entry, Plaintiffs then filed their notice of appeal of the adverse rulings. The Court of Appeals dismissed the appeal, ruling that Prime Lending II v. Trolley’s Real Estate Holdings controlled and that the district court had no discretion to retroactively certify the judgment as immediately appealable. The Supreme Court vacated the Court of Appeals’ order dismissing Plaintiff’s appeal, holding (1) a certification of “no just reason for delay” may be made after summary judgment is granted to fewer than all parties or on fewer than all claims; (2) the filing date of the district court order or journal entry memorializing that certification starts the thirty-day appeal clock; and (3) the district judge’s certification of his original decision as an appealable judgment was successful in this case.