IN THE DISTRICT COURT OF SHAWNEE COUNTY, KANSAS
DIVISION FOURTEEN

 
WILLIAM T. LYTRAN,
        Plaintiff,

        vs.        Case No. 01C 1501

AMERITRADE, INC.,
        Defendant.

MEMORANDUM DECISION AND ORDER

Defendant's Motion to Dismiss Appeal, or in the Alternative,

to Compel Arbitration and for Stay


Defendant Ameritrade, Inc. has filed a motion to dismiss appeal or, in the alternative, to compel arbitration and for stay. Plaintiff Lytran has not filed a response and the time for filing a response pursuant to Shawnee County District Court Rule 3.202(b) has expired. Therefore, this court deems the motion ready for ruling.

This present case was filed by plaintiff Lytran as an appeal from the small claims case 01SC-328. Defendant Ameritrade, Inc. argues in its motion to dismiss that this court has no jurisdiction to hear this small claims appeal because K.S.A. 61-2709(a) only provides for appeals from judgments. Defendant correctly argues that no judgment has been entered by the Small Claims court and the small claims action is still pending. The record shows that Judge Harrington has made two rulings in 01SC 328. On September 14, 2001, Judge Harrington continued the case after determining that the "case must be submitted to arbitration per federal law." On November 9, 2001, Judge Harrington denied plaintiff's motion for default judgment and his minutes include the statement "arbitration must be filed."

There is no final judgment in 01SC 328 and, subsequently, it remains a pending small claims action. This court does not have jurisdiction and, therefore, this court grants defendant's motion to dismiss.

Likewise, this court has no jurisdiction to hear either of plaintiff Lytran's motions. Therefore, the court dismisses plaintiff's motion to seal personal record and also plaintiff's motion for summary judgment due to lack of jurisdiction.

The above constitutes the court's rulings on all the pending motions in this case and no further journal entry is required.

IT IS SO ORDERED.

Dated this day of February, 2002.



 
__________________
Nancy Parrish
District Judge, Third Judicial District
Division Fourteen



CERTIFICATE OF MAILING



I hereby certify that a copy of the above and foregoing MEMORANDUM DECISION AND ORDER was mailed this 12th day of February , 2002, to the following:

 
William T. Lytran
P.O. Box 972
Topeka, Kansas 66601

 
Gregory Hancks
Leslie A. Greathouse
Suite 200 Valencia Place
444 West 47th Street
Kansas City, Missouri 64112



 
___________________
Norma J. Dunnaway
Administrative Assistant