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IN THE SUPREME COURT OF THE STATE OF KANSAS Nos. 102,075 102,164 KANSAS MEDICAL MUTUAL INSURANCE COMPANY, Petitioner, v. THE HONORABLE RON SVATY, Respondent. and JEANETTE ALLEN, Appellee, v. WILLIAM SLATER, M.D., Appellee, and KANSAS MEDICAL MUTUAL INSURANCE COMPANY, Appellant.

SYLLABUS BY THE COURT

1. Whether jurisdiction exists is a question of law over which an appellate court's scope of review is unlimited.

2. An appellate court has a duty to dismiss an appeal when the record discloses a lack of jurisdiction.
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3. Appellate jurisdiction is defined by statute; the right to appeal is neither a vested nor a constitutional right.

4. The Kansas Legislature has limited civil appeals to certain circumstances. These legislative categories of appeal include: (1) final decisions and certain court orders under K.S.A. 2009 Supp. 60-2102(a) and (b), which are of right, and (2) interlocutory appeals under K.S.A. 2009 Supp. 60-2102(c), which require findings that are within the discretion of a district court, and acceptance of the appeal by the Court of Appeals, which is a determination within its discretion.

5. The term "final decision" has been construed to mean one which finally decides and disposes of the entire merits of the controversy and reserves no further questions or directions for the future or further action of the court.

6. A discovery order is not a final disposition and is not a final decision.

7. An interlocutory appeal is not an appeal of right; rather, it is subject to the court's discretion and an order denying a request for interlocutory appeal is not itself an appealable order.

8. The collateral order doctrine was recognized by the United States Supreme Court as a very narrow exception to the final order requirement. The Court concluded that 28
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U.S.C.

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