Kansas Supreme Court

August 27, 2021

Published

121108 – Chalmers v. Borrough – Sedgwick – Review of the judgment of the Court of Appeals, 58 Kan. App. 2d 531, 472 P.3d 586 (2020). Court of Appeals decision affirming the district court reversed. Judgment of the district court is reversed. Case remanded to the district court with directions. [UIFSA, registration,subject matter jurisdiction, modification jurisdiction, appellate standards, procedure, registration requirements, order inclusion, confirmation]

July 23, 2021

Published

122696 – State of Kansas, ex rel. Secretary DCF v. M.R.B. Jr. – Douglas – Review of the judgment of the Court of Appeals unpublished opinion of October 16, 2020. Court of Appeals decision reversing the district court on the issue subject to review is reversed, remanded with directions [Child custody, residency, modification, guardian ad litem, GAL recommendations, appellate standards, reweigh evidence, Court of Appeals power, burden of proof]

July 16, 2021

Published

123589 – In re Kevin W. Kenney – Disciplinary – Disbarment [Attorney Discipline, Adoption, parent termination, meritorious claims, truthfulness, false statements, pleadings, duty to investigate, dishonesty, prejudicial conduct]

April 30, 2021

Published

118734 – Carmen v. Harris – Review of the judgment of Court of Appeals unpublished opinion filed May 24, 2019 – Court of Appeals decision affirming district court affirmed – Johnson [Parentage, child support, medical support, pre-birth expenses, final judgments, retroactive support, jurisdiction, limitations, waiver, time limits, appellate standards]

March 19, 2021

Published

121536 – In the Interests of F.C. – Review of Court of Appeals unpublished opinion filed March 27, 2020 – Court of Appeals decision reversing district court reversed, case remanded with directions – Leavenworth [CINC, parent termination, appellate standards, statutory interpretation, statutory construction, plain reading, unambiguous language]

February 12, 2021

Published

119745 – In the Interest of P.R. – Affirmed – Shawnee – Review of Court of Appeals unpublished opinion filed May 31, 2019 [CINC, parent termination, appellate standards, of discretion, best interests, written consent vs. oral consent]

Other Supreme Court Decisions: Other Court of Appeals Decisions: here

Kansas Court of Appeals

December 30, 2021

Unpublished

123545 – In the Interests of Ad.F., K.F., An.F., and Am.F. – Wyandotte – Affirmed [CINC, parent termination, appellate standards, clear and convincing, substantial evidence, best interests]

123840 – In re Marriage of Anderson – Sedgwick – Affirmed [Divorce, journal entries, orders, agreed orders, appellate standards, invited error]

December 23, 2021

Unpublished

123569 – In re Marriage of Murphy – Sedgwick – Affirmed. [Spousal maintenance, terminate support, alter or amend, void orders, subject matter jurisdiction, 121-month limitation, oral agreements, timeliness, appellate standards]

123745 – In the Interest of D.H., Jr. – Meade – Reversed and remanded with directions. [CINC, ICWA, parent termination, Native Americans, process and procedure, appellate standards, required notice, appellate jurisdiction, compliance with mandate, ICWA Notice]

124196 – In the Interest of T.L. – Lyon – Affirmed [CINC, parent termination, appellate standards, clear and convincing, substantial evidence, best interests]

December 17, 2021

Unpublished

123342 – D.G. v. M.G. – Leavenworth – Affirmed. [Stalking, PFS, appellate standards, mootness, mootness exceptions, sufficient evidence, collateral consequences]

December 10, 2021

Unpublished

123971 – In the Interest of C.H. – Johnson – Affirmed. [CINC, default, appellate standards, fit parent, failure to appear, substantial evidence, clear and convincing evidence, best interests]

December 3, 2021

Unpublished

122080 – Daniels v. Yasa – Harvey – Affirmed in part, reversed in part, vacated in part, and remanded with directions. [Child support, UIFSA, Missouri law, college education, post-minority support, interstate support, statutory interpretation, enforcement jurisdiction, modification jurisdiction, support termination, personal jurisdiction, support duration, statutory compliance, information requirements, support refunds, emancipation]

124019 – In the Interests of S.R. and R.R. – Rice – Affirmed. [CINC, parent termination, unfit parent, forseeable future, best interests, domestic violence, parental rights, appellate standards, sufficient evidence, ICWA, statutory presumptions, clear and convincing evidence]

November 24, 2021

Published

123707 – In the Interest of E.L. – Sedgwick – Affirmed [CINC, parent termination, appellate standards, unfit parent, ICWA, Native American, court powers, personal autonomy, Fifth Amendment, incrimination, substance abuse evaluation, failure to participation in treatment]

Unpublished

123590 – In the Interest of E.L. – Sedgwick – Affirmed [CINC, parent termination, appellate standards, unfit parent, ICWA, Native American, court powers, personal autonomy, Fifth Amendment, incrimination, substance abuse evaluation]

123869 – In the Interests of L.B., M.B., and Y.B. – Bourbon – Affirmed [CINC, parent termination, appellate standards, reliance on unfit parent, best interests, clear and convincing evidence, sufficiency of evidence]

November 19, 2021

Unpublished

123939 – In the Interests of H.Q. – Sedgwick – Affirmed. [CINC, parent termination, appellate standards, reliance on unfit parent, best interests, clear and convincing evidence, sufficiency of evidence]

123969 – In the Interest of L.J., T.G., A.V., A.R., and H.Q. – Sedgwick – Affirmed. [CINC, parent termination, cognitive ability, clear and convincing evidence, best interests, sufficiency of evidence, progress towards goals]

November 12, 2021

Published

123535 – In re S.L. – Johnson – Affirmed in part, reversed in part, and remanded with directions. [UCAPA, UCCJEA, child abduction, Hague Abduction Convention, appellate standards, comity, international law, international comity]

Unpublished

123219 – In re Marriage of Robinson – Johnson – Affirmed. [Divorce, property division, inheritance, unequal division, division factors, appellate standards, appellate attorneys fees]

123425 – N.B. v. A.W. – Johnson – Affirmed. [Parentage, UPA, Ross determination, guardian ad litem, GALs, judicial discretion, established family, genetic testing, age of child, paternity testing, parentage presumptions]

123639 – In the Interests of S.F. – Shawnee – Affirmed. [CINC, parent termination, appellate standards, due process, best interests, constitutional rights, video hearings, COVID19, clear and convincing evidence, statutory construction, sufficiency of evidence]

123760 – In re Marriage of Green – Leavenworth – Affirmed in part, reversed in part, and remanded with directions. [Divorce, property division, unequal division, division factors, dissipation, appellate standards, discovery attorneys fees]

November 5, 2021

Unpublished

123508 – In re Marriage of Lee – Cheyenne – Affirmed in part, reversed in part, and remanded with directions. [Divorce, marital settlement agreements, contracts, settlement, meeting of the mind, essential contract term, appellate standards, sufficiency of evidence, fair just equitable, Kirk]

123599 – In the Interest of N.E. – Reno – Appeal Dismissed. [CINC, parent termination, appellate standards, appellate jurisdiction, preliminary rulings]

October 29, 2021

Published

123618 – In the Interest of C.T. – Miami – Affirmed [CINC, parent termination, appellate standards, due process, constitutional rights, video hearings, COVID19, clear and convincing evidence, statutory construction, sufficiency of evidence]

Unpublished

123626 – In the Interests of M.O. and A.O. – Miami – Affirmed [CINC, parent termination, appellate standards, clear and convincing evidence, statutory construction, sufficiency of evidence, best interests, reasonable efforts]

123824 – In the Interests of M.S. and C.S. – Shawnee – Affirmed [CINC, parent termination, appellate standards, clear and convincing evidence, sufficiency of evidence, best interests]

October 22, 2021

Unpublished

122866 – In the Interests of E.S.E., E.J.E., and E.A.E – Shawnee – Affirmed [CINC, parent termination, appellate standards, clear and convincing evidence, statutory construction, sufficiency of evidence, best interests, foreseeability]

123334 – In the Interest of C.N., Jr. C.N., and A.N. – Leavenworth – Affirmed [CINC, parent termination, appellate standards, clear and convincing evidence, statutory construction, sufficiency of evidence, best interests, due process]

123640 – In the Interest of C.H., C.H., C.H., and C.W. – Johnson – Affirmed [CINC, parent termination, appellate standards, clear and convincing evidence, statutory construction, sufficiency of evidence, best interests, foreseeability]

October 1, 2021

Unpublished

123539 – In the Interest of L.W. and A.H. – Franklin – Affirmed [CINC, parent termination, appellate standards, clear and convincing evidence, statutory construction, sufficiency of evidence, best interests]

123829 – In the Interest of J.K, K.K. and L.G. – Rice – Affirmed [CINC, parent termination, appellate standards, clear and convincing evidence, statutory construction, sufficiency of evidence, best interests, progress towards goals]

September 17, 2021

Unpublished

123507 – In re Marriage of McNutt and Gates – Geary – Affirmed [Child custody, residential custody, parenting time, modification of final orders, appellate standards, burden of proof, abuse of discretion, move-away, material change of circumstances, best interests, appellate attorneys fees]

123556 – In the Interest of S.A. (mother) – Washington – Affirmed [CINC, parent termination, appellate standards, clear and convincing evidence, statutory construction, constitutional rights, lack of sufficient evidence]

123615 – In the Interest of S.A.(father) – Washington – Affirmed [CINC, parent termination, appellate standards, clear and convincing evidence, statutory construction, constitutional rights, lack of sufficient evidence]

September 10, 2021

Unpublished

122141 – E.H. v. Kansas Department of Children and Families – Shawnee – Affirmed [Tort claims, State immunity, motions to dismiss, appellate standards, statutes of limitation, law of the case, res judicata, CINC, abuse allegations, state investigation, negligent investigation, claim preclusion, issue preclusion, procedure, KORA, 42USC1983, tolling]

123690 – In the Interest of A.T. et al. – Sedgwick – Reversed and remanded with directions [CINC, parent termination, appellate standards, clear and convincing evidence, statutory construction, constitutional rights, lack of sufficient evidence]

September 3, 2021

Unpublished

123453 – In the Interest of B.M. – Ford – Affirmed [CINC, parent termination, appellate standards, clear and convincing evidence, best interests]

123596 – In the Interest of D.H. – Gove – Reversed and remanded with directions to dismiss. [CINC, private CINC, appellate standards, legal custody, statutory construction, constitutional rights, clear and convincing evidence, duty to follow appellate directions, best interests, lack of sufficient evidence]

123638 – In the Interest of A.K. – Sedgwick – Affirmed [CINC, parent termination, appellate standards, methamphetamine, clear and convincing evidence, best interests, foreseeable future]

August 20, 2021

Published

123504 – In the Interest of T.H. – Smith – Reversed [CINC, parent termination, appellate standards, incarceration, statutory construction, constitutional rights, clear and convincing evidence, best interests, foreseeable future, parent compliance, prolonged absence]

Unpublished

123241 – In re Marriage of Poplin – Johnson – Affirmed in part, reversed in part [Spousal support, post-decree modification, post-decree extension, marital settlement agreement, appellate standards, contract interpretation, plain language, cohabitation, date of cohabitation, “constructive cohabitation”, discovery, abuse of discretion, supplemental maintenance, attorney fees, argument waiver, fee records, appellate attorney fees]

August 13, 2021

Unpublished

123625 – In the Interest of P.B. – Wyandotte – Affirmed [CINC, parent termination, appellate standards, clear and convincing evidence, best interests, reintegration plan, issue waiver]

August 6, 2021

Unpublished

122612 – In re Marriage of McAllister – Johnson – Appeal dismissed [divorce, jurisdiction, appellate jurisdiction, set aside, final judgments]

123198 – In the Interest of J.C. – Geary – Affirmed [CINC, parent termination, appellate standards, clear and convincing evidence, burden of proof, best interests, methamphetamine, incarceration, reasonable efforts]

123606 – In the Interests of J.W.B and J.R.B. – Thomas – Affirmed [CINC, parent termination, appellate standards, clear and convincing evidence, burden of proof, best interests, due process, drug use]

July 16, 2021

Unpublished

123206 – In re Marriage of Rees – Ellis – Affirmed [Child support, child support guidelines, appellate standards, voluntary termination of employment, modification, material change, statutory interpretation, outdated guidelines, deliberate underemployment, harmless error]

July 9, 2021

Published

123083 – J.B.B. v. J.L.B. – Leavenworth – Affirmed in part, reversed in part, and vacated protection from abuse order [PFA, protection orders, appellate standards, pro tempore judges, magistrates, “abuse,” law-trained magistrates, appellate jurisdiction, statutory interpretation]

Unpublished

123301 – In re Adoption of E.S., a minor – Riley – Affirmed [Adoption, parent termination, appellate standards, public policy, failure to assume parental duties]

June 25, 2021

Unpublished

122219 – J.R. by L.G. v. I.R. – Seward – Sentence vacated [Contempt, parenting time, enforce parenting time, appellate standards, court authority, civil contempt vs. criminal contempt, authorized penalties]

123479 – In the Interest of G.G. – Saline – Affirmed [CINC, parent termination, appellate standards, clear and convincing evidence, burden of proof, best interests, incarceration, reasonable efforts]

June 18, 2021

Published

123322 – In the Interest of A.W. – Johnson – Vacated and remanded, with directions. [CINC, UCCJEA, child custody jurisdiction, appellate standards, subject matter jurisdiction, temporary emergency jurisdiction, jurisdictional limits, home state, primary jurisdiction, interstate jurisdiction, temporary absence, “state in which the child lived,” court powers, declining jurisdiction, “unjustifiable conduct,” “emergency” defined, emergency period]

Unpublished

122603 – In re Marriage of Leming – Sedgwick – Affirmed [Divorce, property division, post-decree remedies, enforcement, appellate standards, subject matter jurisdiction, monetary sanctions, court authority, due process, final orders, timeliness, appeal deadlines, stay on appeal]

123225 – In re Marriage of Blosser – McPerson – Reversed and remanded [Divorce, property division, appellate standards, journal entries, divorce decree, ambiguous, contract interpretation, final orders, modification of final orders, property settlement agreement, contracts]

123294 – In the Interest of R.C. – Geary – Affirmed [CINC, parent termination, appellate standards, clear and convincing evidence, burden of proof]

June 11, 2021

Unpublished

121976 – State of Kansas, ex rel. DCF v. Cares – Shawnee – Affirmed [parentage, child support, acknowledgement of parentage, deadlines, appellate standards, time limitations, constitutional rights, due process, guardian ad litem reports]

122581 – C.B. v. Bailey – Dickinson – Affirmed in part and dismissed in part. [PFA, protection orders, lifetime extension, appellate standards, abuse of discretion, bias, evidence, relevance, deadlines, issue preclusion, appeal deadline, appellate jurisdiction]

122594 – Marriage of Biernacki – Finney – Affirmed [child custody, parenting time, residency, “primary residency,” appellate standards, abuse of discretion, burden of persuasion]

123461 – In the Interests of D.H. – Gove – Appeal Dismissed [CINC, temporary custody, appellate standards, mootness, superseded orders, appellate jurisdiction]

June 4, 2021

Unpublished

122120 – Hoskinson v. Heiman – Affirmed – Finney [tort, inheritance, intentional tort, interference with marriage, divorce, appellate standards, appellate rules]

May 28, 2021

Unpublished

122864 – In the Interest of T.H. – Affirmed – Coffey [CINC, parent termination, appellate standards, “re-evaluation,” clear and convincing evidence, sufficiency of evidence, abuse of discretion, preservation of objections]

123085 – In the Interest of D.S. – Reversed and remanded – Leavenworth [CINC, parent termination, appellate standards, appellate burdens, best interests, aged-out child, constitutional rights, parenting rights, factual support for court conclusions, lack of support in the record]

123391 – In the Interest of H.C., R.H, and I.C. – Affirmed – Ford [CINC, parent termination, appellate standards, clear and convincing evidence, best interests, reintegration attempts, community support, sufficiency of evidence, abuse of discretion, parent constitutional rights, required findings, unfitness factors, child’s ‘sense of time,’ foreseeable future, burden of proof]

123502 – In the Interest of H.C. and I.C. – Affirmed – Ford [CINC, parent termination, appellate standards, clear and convincing evidence, best interests, reintegration attempts, community support, sufficiency of evidence, abuse of discretion, parent constitutional rights, required findings, unfitness factors, child’s ‘sense of time,’ foreseeable future, burden of proof]

May 21, 2021

Published

122446 – Budd v Walker – Reversed and remanded with directions to dismiss – Wyandotte [Malicious prosecution, common law marriage, divorce, elements, favorable termination]

May 14, 2021

Unpublished

123003 – In re Marriage of Miller – Affirmed – Shawnee [Divorce, property division, enforcement, reimbursement, subject matter jurisdiction, modification vs. enforcement, clarification]

May 7, 2021

Unpublished

122531 – In re Marriage of Yocky – Affirmed – Sedgwick [Child support, modification, material change, failure to report, separation of powers, child support guidelines, sanctions, Supreme Court rules, retroactive support]

April 30, 2021

Unpublished

122000 – In re Marriage of Pease – Affirmed – Riley [Divorce, marital separation agreement, contracts, contract interpretation, appellate standards, income tax provisions, future events, appellate attorneys fees]

April 23, 2021

Unpublished

121506 – In re Marriage of DePriest and Weaver – Affirmed – Johnson [Divorce, property division, appellate standards, substantial competent evidence, summary evidence, evidence rulings, dissipation, appellate rules, brief format, deficient arguments, self-represented appellant, litigant responsibilities, pro-se, inadequate briefing, DRA, domestic relations affidavits, objection preservation]

122212 – S.F. v. D.S. – Affirmed – Miami [PFS, stalking, appellate standards, sufficient evidence, attorneys fees, “legitimate purpose”, substantial competent evidence, evidence standards, credibility determinations, appellate burdens, failure of adequate record, grandparent, waived argument]

April 16, 2021

Unpublished

122294 – In re L.W – Appeal Dismissed – Johnson [Grandparent visitation, third-party custody, appellate standards, appellate procedure, “co-parenting agreement,” standing, jurisdiction, Uniform Parentage Act, parentage, advisory opinions, real party in interest]

April 9, 2021

Unpublished

123361 – Adoption of S.D. – Affirmed – Atchison [Adoptions, step-parent adoption, parent termination, appellate standards, failure to exercise parent rights, communications]

April 2, 2021

Unpublished

123060 – K.F. v. A.F – Appeal Dismissed – Leavenworth [PFS, stalking, appellate standards, set aside, judicial discretion, moot, order expiration]

March 26, 2021

Unpublished

122924 – In re Marriage of Evans – Affirmed – Reno [Child custody, residency, appellate standards, filing deadlines, child custody factors, abuse of discretion, attorneys fees, frivolous appeals]

123202 – In the Interests of W.R., E.R., and A.R. – Crawford – Affirmed [CINC, parent termination, appellate standards, clear and convincing evidence, sufficiency of evidence, abuse of discretion, best interests, foreseeable future]

March 19, 2021

Unpublished

122204 – In re Marriage of Lucas – Affirmed – Johnson [Divorce, equitable property division, marital separation agreement, appellate standards, set aside, 60-260, judicial discretion, equitable vs. equal division, spousal support, inadequate record, meritless allegations, citations to record, contract interpretation, waiver, appellate procedure, transcripts]

123199 – In the Interest of I.J. – Affirmed – Geary [CINC, parent termination, appellate standards, clear and convincing evidence, sufficiency of evidence, abuse of discretion, best interests, methamphetamine, incarceration, child endangerment]

123201 – In re G.R. – Affirmed – Shawnee [CINC, parent termination, appellate standards, clear and convincing evidence, sufficiency of evidence, abuse of discretion, best interests, venue, venue vs. subject matter, dismissal, stable housing, drug use]

March 12, 2021

Unpublished

122636 – In re Marriage of Scott – Affirmed – Sedgwick [Child support, appellate standards, incarceration, waiver of arguments]

122832 – In re Marriage of Ralph – Affirmed – Johnson [Child support, appellate standards, incarceration, domestic relations affidavit, jurisdiction, filing requirements, failure to set hearing, retroactivity, dismissal, waiver of arguments]

March 5, 2021

Published

122737 – Frost v. Kansas Dept. for Children and Families – Affirmed [Grandparent Visitation, CINC, appellate standards, statutory interpretation, constitutionality, equal protection, jurisdiction, CINC primacy, ripeness]

February 26, 2021

Unpublished

122330 – In re Marriage of Boles – Affirmed – Thomas [Child custody, residency, “primary residency”, material change, appellate standards, prima facie case, child custody factors, discretion]

122886 – In the Interests of Z.A., D.J., K.A. – Affirmed – Sedgwick [CINC, parent termination, appellate standards, clear and convincing evidence, sufficiency of evidence, abuse of discretion, best interests]

February 5, 2021

Unpublished

122611 – In the interests of D.O., B.O., and R.O. – Affirmed – Sedgwick [CINC, parent termination, appellate standards, clear and convincing evidence, sufficiency of evidence, abuse of discretion, best interests]

122806 – In the Interests of B.H. and E.H. – Affirmed – Lyon [CINC, parent termination, parental fitness, appellate standards, clear and convincing evidence, sufficiency of evidence, abuse of discretion, best interests]

January 15, 2021

Unpublished

122230 – In the interest of R.J. – Affirmed – Sedgwick [CINC, parent termination, appellate standards, clear and convincing evidence, sufficiency of evidence, abuse of discretion, notice to grandparents, denial of continuance, denial of new counsel, ineffective assistance]

January 8, 2021

Unpublished

121309 – In re Marriage of Bailey – Affirmed – Pottawatomie [divorce, notice, process service, incarceration, child custody, child support, continuances]

122595 – In re Marriage of Dickson – Affirmed – Geary [child custody, residency, parenting time, military, procedure, deadlines, contemporaneous objection, alter or amend, appellate jurisdiction]

122913 – In the interests of T.D. and J.D. – Affirmed – Shawnee [CINC, parent termination, appellate standards, clear and convincing evidence, sufficiency of evidence, abuse of discretion]

Other Court of Appeals Decisions: here