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60-254. Judgment. (a) Definition. A judgment is the final determination of the parties' rights in an action.

(b) Judgment on multiple claims or involving multiple parties. When an action presents more than one claim for relief, whether as a claim, counterclaim, crossclaim or third-party claim, or when multiple parties are involved, the court may direct entry of a final judgment as to one or more, but fewer than all, claims or parties only if the court expressly determines that there is no just reason for delay. Otherwise, any order or other decision, however designated, that adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties does not end the action as to any of the claims or parties and may be revised at any time before the entry of a judgment adjudicating all the claims and all the parties' rights and liabilities.

(c) Demand for judgment; relief to be granted. A default judgment must not differ in kind from, or exceed in amount, what is demanded in the pleadings. Before a default judgment is taken in an action in which the pleading of the party seeking relief states only that the amount sought as damages is in excess of $75,000, without demanding a specific amount of money, as provided in subsection (a) of K.S.A. 60-208, and amendments thereto, the party seeking relief must notify the party against whom relief is sought of the amount of money for which judgment will be taken. Notice must be given by return receipt delivery, or as the court orders, at least 14 days before the date judgment is sought. Every other final judgment should grant relief to which each party is entitled, even if the party has not demanded that relief in its pleadings.

History: L. 1963, ch. 303, 60-254; L. 1973, ch. 233, § 1; L. 1986, ch. 215, § 10; L. 1990, ch. 203, § 2; L. 1997, ch. 173, § 28; L. 2010, ch. 135, § 127; July 1.

Source or prior law:

(a). G.S. 1868, ch. 80, § 395; L. 1909, ch. 182, § 393; R.S. 1923, 60-3101.

(b). G.S. 1868, ch. 80, § 396; L. 1909, ch. 182, § 394; R.S. 1923, 60-3102.

(c). G.S. 1868, ch. 80, § 59; L. 1909, ch. 182, § 60; R.S. 1923, 60-2501.

Cross References to Related Sections:

Entry of judgments and orders, see 60-258.

Amendment of findings after judgment entry, see 60-252(b).

Pleading a judgment, see 60-209(e).

Stay of judgment on multiple claims, see 60-262(g).

Taxation of costs, see 60-2002.

Relief from judgment or order, see 60-260.

Judgments in limited actions, see 61-3301 et seq.

Appeals, see 60-2102, 60-2103.

Law Review and Bar Journal References:

Cited in discussing 1963 changes in Rules of Kansas Supreme Court governing appellate procedure, Emmet A. Blaes, 33 J.B.A.K. 19, 22 (1964).

Paragraph (c) discussed in case comment on attached exhibit as pleading, Arnold Grundeman, 8 W.L.J. 102, 104 (1968).

"Certification of Finality Under K.S.A. 60-254 (b)—An Enigma?" Roger D. Stanton, 38 J.B.A.K. 93, 94, 95 (1969).

"Survey of Kansas Law: Civil Procedure," Jerry G. Elliott, 27 K.L.R. 185, 194 (1979).

"Recent Development in Kansas Civil Procedure," E. Elinor P. Schroeder, 32 K.L.R. 515, 532, 534, 535 (1984).

"Practical and Constitutional Challenges to the 1985 Kansas Medical Malpractice Legislation," Edward J. Guiducci and Keith L. Mark, 25 W.L.J. 304, 325 (1986).

"Tort Law: Real Estate Broker Beware: Remain Ignorant of Property Flaws and the Innocent Buyer Wins [Mahler v. Keenan Real Estate, Inc., 876 P.2d 609 (Kan. 1994)]," Lisa M. Agrimonti, 34 W.L.J. 345, 351 (1995).

"Decedent's Estates: Complicating Kansas's Family Protection Law," JoAnn M. Stone, 38 W.L.J. 1005 (1999).

"Writing to the Kansas appellate courts: a lesson in appellate jurisdiction," Autumn Fox, 69 J.K.B.A. No. 4, 32 (2000).

"Waiting for Judgment Day: Negotiating the Interlocutory Appeal in 8 Easy Lessons," Jonathan Paretsky, 78 J.K.B.A. No. 4, 30 (2009).

"Kansas' Rationale Is Dust in the Wind: Why the Dismissed Supplemental Claim Exception to the General Rule of Claim Preclusion Is Necessary [Rhoten v. Dickson, 223 P.3d 786 (2010)]," Patricia J. Kluin, 50 W.L.J. 511 (2011).

CASE ANNOTATIONS

Prior law cases, see G.S. 1949, 60-2501, 60-3101, 60-3102 and the 1961 Supp. thereto.

1. A judgment is the final determination of the rights of parties in an action. Roe Village, Inc., v. Board of County Commissioners, 195 K. 247, 248, 403 P.2d 970.

2. Determination of rights of parties constituted judgment. Friesen v. Friesen, 196 K. 319, 322, 410 P.2d 429.

3. Court properly reserved question of plaintiff's entitlement to interest. Phelps Dodge Copper Products Corp. v. Alpha Construction Co., 203 K. 591, 599, 455 P.2d 555.

4. Mentioned in holding statutory interest rate of 8% applies only to judgments entered after effective date of statute. Bartlett v. Heersche, 209 K. 369, 371, 496 P.2d 1314.

5. Appeal from order dismissing one of several party defendants dismissed; subsection (b) applied. Fredricks v. Foltz, 221 K. 28, 30, 31, 33, 557 P.2d 1252.

6. Plaintiffs' and defendants' claims so interwoven as to constitute a single claim; partial disposition of claim is interlocutory, not appealable. Henderson v. Hassur, 1 K.A.2d 103, 106, 107, 112, 562 P.2d 108.

7. Cited in holding third party action for indemnity against employer of injured worker not maintainable under 44-501. McCleskey v. Noble Corp., 2 K.A.2d 240, 242, 577 P.2d 830.

8. Directed verdict reversed; medical malpractice action; exclusion of proffered testimony. Moore v. Francisco, 2 K.A.2d 526, 527, 583 P.2d 391.

9. Requirements for appeal not satisfied in boundary line dispute; appeal allowed under 60-2102(a)(3). Smith v. Williams, 3 K.A.2d 205, 206, 592 P.2d 129.

10. Rules governing summary judgment stated and applied. Every v. Jefferson Ins. Co. of N.Y., 4 K.A.2d 715, 610 P.2d 645.

11. When certification and final judgment entered under subsection (b), time for appeal begins; res judicata where no timely appeal filed. Dennis v. Southeastern Kansas Gas Co., 227 K. 872, 875, 876, 877, 878, 610 P.2d 627.

12. Grant of summary judgment appealable by virtue of issuance of certificate hereunder. Kauk v. First Nat'l Bank of Hoxie, 5 K.A.2d 83, 89, 613 P.2d 670.

13. Action for breach of executor's duties must be filed in court where probate proceeding is pending. Quinlan v. Leech, 5 K.A.2d 706, 707, 623 P.2d 1365.

14. In multiple party suit where final judgment against one of parties is entered, appeal from such judgment may be taken as matter of right. Patterson v. Missouri Valley Steel, Inc., 229 K. 481, 483, 484, 625 P.2d 483.

15. Cited; dismissal of class action upheld where defendant was joined after certification of class. Brueck v. Krings, 6 K.A.2d 622, 623, 631 P.2d 1233 (1981).

16. Mentioned in case upholding damages for breach of commercial lease. Wichita Properties v. Lanterman, 6 K.A.2d 656, 658, 633 P.2d 1154 (1981).

17. Severance of parental rights invalid for lack of adequate notice and because relief granted by default was not requested in pleadings. Sweetser v. Sweetser, 7 K.A.2d 463, 465, 643 P.2d 1150 (1982).

18. Cited; garnishee may stay garnishment by posting supersedeas bond equal to its liability costs and interest. Cansler v. Harrington, 231 K. 66, 73, 643 P.2d 110 (1982).

19. Mentioned; action brought under Federal Employer's Liability Act; right of contribution against third-party tortfeasor allowed by 60-258a. Gaulden v. Burlington Northern, Inc., 232 K. 205, 210, 654 P.2d 383 (1982).

20. Rules relating to successor entity's duty to warn of predecessor's product defect reviewed and applied. Stratton v. Garvey Internat'l, Inc., 9 K.A.2d 254, 257, 676 P.2d 1290 (1984).

21. While interest may accrue on judgment after journal entry on file, no interest accrues on payment in full by defendant partially responsible for total. McGuire v. Sifers, 235 K. 368, 381, 383, 681 P.2d 1025 (1984).

22. Cited; questions of counterclaim for malicious prosecution, fraudulent representation where no showing of reliance discussed. Hutchinson Travel Agency, Inc. v. McGregor, 10 K.A.2d 461, 701 P.2d 977 (1985).

23. Court within discretion in also granting monetary requests in motion for default judgment as sanctions (60-237(b)). Wenger v. Wenger, 239 K. 56, 59, 716 P.2d 550 (1986).

24. Cited; no jurisdiction to consider denial of Fund's motion to dismiss where order appealed from not final order. McArthur v. Glass King Mfg., Inc., 11 K.A.2d 35, 37, 711 P.2d 774 (1986).

25. Appeal premature where notice filed after summary judgment for only one defendant and certificate required herein not issued. Miller v. Safeco Ins. Co. of America, 11 K.A.2d 91, 92, 712 P.2d 1282 (1986).

26. Cited; summary judgment improper where timeliness of notice to compensated surety undetermined. Home Life Ins. Co. v. Clay, 11 K.A.2d 280, 285, 719 P.2d 756 (1986).

27. For certification to be effective, court conclusion that there is no reason to delay entry of final judgment must appear affirmatively in record. City of Salina v. Star B, Inc., 11 K.A.2d 639, 640, 641, 642, 643, 644, 645, 646, 647, 731 P.2d 1290 (1987).

28. Motion to compel intervenor to pay over set off funds denied; appeal thereof taken after subsection (b) certification. Bank of Kansas v. Hutchinson Health Services, Inc., 12 K.A.2d 87, 89, 735 P.2d 256 (1987).

29. Entry of partial summary judgment pursuant to K.S.A. 60-254(b) does not satisfy certification requirements therein. City of Salina v. Star B, Inc., 241 K. 692, 739 P.2d 933 (1987).

30. Cited; right of defendant owner's assignee to redeem from redeeming junior lieu creditor under six-month redemption period examined. Farmers State Bank v. Ward, 13 K.A.2d 39, 761 P.2d 315 (1988).

31. Cited by dissent where court declared oral divorce decree ineffective when death of party precedes filing of judgment. In re Marriage of Wilson, 13 K.A.2d 291, 296, 768 P.2d 835 (1989).

32. Cited where mortgagee assigned notes and mortgages as security for borrowing and relative priority of interests examined. Army Nat'l Bank v. Equity Developers, Inc., 245 K. 3, 8, 774 P.2d 919 (1989).

33. Postjudgment interest against state and political subdivisions examined; what constitutes "judgment" determined. Greenhaw v. Board of Johnson County Comm'rs, 245 K. 67, 71, 774 P.2d 956 (1989).

34. Third parties as acquiring no interest in subject matter while foreclosure action pending (60-2201) noted. In re Gugenhan, 55 B.R. 507, 509 (1985).

35. Function of district court as dispatcher, exercise of discretion in multiple claims action examined. St. Paul Surplus Lines Ins. Co. v. International Playtex, Inc., 245 K. 258, 275, 777 P.2d 1259 (1989).

36. Priority between bank's perfected security interest and state agency's right of setoff examined. Bank of Kansas v. Hutchinson Health Services, Inc., 246 K. 83, 84, 785 P.2d 1349 (1990).

37. Constructive production created by payment of shut-in royalties, lessee's duty to diligently search for market examined. Robbins v. Chevron U.S.A., Inc., 246 K. 125, 129 (1990).

38. Ruling that allowance for attorney fees as unnecessary before filing appeal challenged in dissenting opinion. Snodgrass v. State Farm Mut. Auto. Ins. Co., 246 K. 371, 379, 789 P.2d 211 (1990).

39. Claim becomes res judicata unless appeal filed within 30 days when court certifies no just reason for delaying appeal. Pioneer Operations Co. v. Brandeberry, 14 K.A.2d 289, 292, 789 P.2d 1182 (1990).

40. 1-402 as providing adequate substitute remedy for common-law action of professional liability against accountant determined. Gillespie v. Seymour, 14 K.A.2d 563, 565, 796 P.2d 1060 (1990).

41. Denial of motion for summary judgment appealable when opposing party's motion for summary judgment granted. Southwest Nat'l Bank v. Simpson & Son, Inc., 14 K.A.2d 763, 768, 799 P.2d 512 (1990).

42. Granting maintenance based upon unjust enrichment contrary to 60-1610(b)(2), which permits only future support. In re Marriage of Brown, 247 K. 152, 168, 795 P.2d 375 (1990).

43. Circumstances under which a claim settled or party dismissed becomes appealable examined. Crockett v. Medicalodges, Inc., 247 K. 433, 434, 799 P.2d 1022 (1990).

44. Default judgments in excess of petitioner's demands should be vacated or considered voidable to extent of excess. Producers Equipment Sales, Inc. v. Thomason, 15 K.A.2d 393, 401, 808 P.2d 881 (1991).

45. Priority of contractor's and subcontractors' mechanics' liens over mortgages examined; filing requirements and prejudgment interest at issue. J. Walters Constr. Co. v. Greystone South Partnership, 15 K.A.2d 689, 690, 817 P.2d 201 (1991).

46. Reformation of insurance policy to exclude coverage for accident and injury to third party allowed; insurance binder fraudulently obtained after accident. Slaby v. Cox, 250 K. 429, 827 P.2d 18 (1992).

47. Where claims remain against others and final judgment not directed, judgment subject to revision until all claims adjudicated; school's obligation to student examined. Honeycutt v. City of Wichita, 251 K. 451, 460, 836 P.2d 1128 (1992).

48. When Kansas Supreme Court rule 2.03 validates premature notice of appeal filed after motion to alter/amend but before motion denied examined. Resolution Trust Corp. v. Bopp, 251 K. 539, 543, 836 P.2d 1142 (1992).

49. Action by widow of testate decedent to invalidate inter vivos trusts and have assets transferred to probate estate examined. Taliaferro v. Taliaferro, 252 K. 192, 194, 843 P.2d 240 (1992).

50. Cited where holder of security interest in personal property granted coverage as mortgage holder under loss-payee clause. Union State Bank v. St. Paul Fire & Marine Ins. Co., 18 K.A.2d 466, 470, 856 P.2d 174 (1993).

51. Cited; review of price dissenting shareholders received for stock in cash-out merger; appraisal request and jurisdiction examined. In re Hesston Corp., 254 K. 941, 951, 870 P.2d 17 (1994).

52. Whether state recognizes tort of negligent misrepresentation by real estate agent who induces sale examined. Mahler v. Keenan Real Estate, Inc., 255 K. 593, 594, 876 P.2d 609 (1994).

53. Whether time for filing cross-appeal after premature notice of appeal filed runs from entry of final judgment examined. In re D.B.S., 20 K.A.2d 438, 461, 888 P.2d 875 (1995).

54. Whether cross-claim is barred by res judicata because foreclosure action was final to all claims examined. Federal Land Bank of Wichita v. Vann, 20 K.A.2d 635, 638, 890 P.2d 1242 (1995).

55. Whether city council's decision was appealable final determination or order examined. Historic Preservation Alliance, Inc. v. City of Wichita, 20 K.A.2d 721, 724, 892 P.2d 518 (1995).

56. Appeal of declaratory judgment dismissed where parties attempted to reserve issues without complying with subsection (b). Amco Ins. Co. v. Beck, 258 K. 726, 729, 907 P.2d 137 (1995).

57. Statute not complied with; no jurisdiction under 60-2101(b) to hear appeal from trial court's partial order that 65-2872a unconstitutional. State ex rel. Board of Healing Arts v. Beyrle, 262 K. 507, 941 P.2d 371 (1997).

58. Declaratory judgment applying "United States Rule" ordering payment of accrued interest on defaulted revenue bonds before payment of principal indebtedness affirmed. In re Cherokee County Revenue Bonds, 262 K. 941, 949, 957, 946 P.2d 83 (1997).

59. Appeal of final judgment on less than all claims in multiple claim action precluded appellate review. Gillespie v. Seymour, 263 K. 650, 653, 952 P.2d 1313 (1998).

60. Certification under subsection (b) is not appealable as a final judgment. Wilkinson v. Shoney's, Inc., 265 K. 141, 143, 958 P.2d 1157 (1998).

61. Trial court erred by granting summary judgment in medical malpractice action; case remanded for determination of damages. Shwartz v. Abay, 26 K.A.2d 707, 709, 995 P.2d 878 (1999).

62. Judgment notwithstanding verdict affirmed; record has no evidence of future medical expenses (doctor removed wrong disc but patient's pain is gone). Schwartz v. Abay, 30 K.A.2d 527, 43 P.3d 831 (2002).

63. Initial state-court judgment that debt was nondischargeable was final under state law. In re Lucas, 300 B.R. 526, 531 (2003).

64. Cited; court modified its rulings to add that granting summary judgment constituted final judgment under K.S.A. 60-254(b). Jeanes v. Bank of America, 40 K.A.2d 281, 284, 191 P.3d 325 (2008).

65. Appeal of denial of motion to stay eminent domain jury trial, district court did not lose jurisdiction. Harsch v. Miller, 288 K. 280, 200 P.3d 467 (2009).

66. Default judgment held to be for unliquidated damages; failure to comply with rule 118 renders judgment voidable. First Nat'l Bank in Belleville v. Sankey Motors, Inc., 41 K.A.2d 629, 204 P.3d 1167 (2009).

67. Pretrial order granting employee's motion for partial summary judgment not final and thus not appealable, due to lack of court interlocutory certification. Vallejo v. BNSF Railway Company, 46 K.A.2d 498, 263 P.3d 208 (2011).

68. An appellate court lacks jurisdiction unless the trial court has made the proper express determination. Prime Lending II v. Trolley's Real Estate Holdings, 48 K.A.2d 847, 304 P.3d 683 (2013).

69. Statute applies when a court leaves open a claim for relief of a party when entering judgment on other pending claims. State v. Hendricks, 52 K.A.2d 737, 740, 372 P.3d 437 (2016).

70. 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; the filing date of the district court order or journal entry memorializing that certification starts the 30-day appeal clock, and a timely notice of appeal endows the appellate court with jurisdiction to determine the merits. Ullery v. Othick, 304 K. 405, 414, 372 P.3d 1135 (2016).


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