Appeal No. 123,599: In the Interest of N.E., a Minor Child
Appeal No. 123,599 archived oral argument
The N.E., a child, was the subject of proceedings under the Revised Code for the Care of Children in Reno County District Court. After the district court terminated the parental rights of N.E.'s parents, the child's grandmother, I.E., appealed to a panel of the Court of Appeals, which dismissed for lack of jurisdiction. In a majority opinion written by Justice K.J. Wall, the Court held that the Revised Code's appellate jurisdiction statute, K.S.A. 38-2273(a), as construed under the Court's precedent, barred appellate review of each of the district court orders from which the grandmother had appealed. The Court determined that the doctrine of stare decisis warranted its continued adherence to its precedent, and, as a result, the Court affirmed the judgment of the Court of Appeals and dismissed for lack of jurisdiction. Justice Melissa Standridge filed a dissenting opinion in which she asserted that the Court should depart from its precedent construing K.S.A. 38-2273(a). In Justice Standridge's view, the Court had jurisdiction to address two of the orders from which the grandmother had appealed.
