Did Citifinancial Acquiesce in the Judgment by Its Failure to Stay Execution?
Finally, Brunsvold argues that Citifinancial acquiesced in the judgment of the district court because it took no action to stay the execution of the judgment. He also states in his appellate brief that he has undertaken improvements to the real estate, paid real estate taxes, maintained insurance premiums for the real estate, and otherwise exercised ownership rights to the real estate since the sheriff’s deed issued pursuant to the district court’s order confirming sale. Because acquiescence involves a question of the appellate court’s jurisdiction, the matter raises a question of law subject to unlimited review. Layne Christensen Co. v. Zurich Canada, 30 Kan. App. 2d 128, 137, 38 P.3d 757 (2002). A party acquiesces in the judgment when he or she voluntarily accepts the benefits or assumes the burdens of the judgment. D.A.N. Joint Venture III v. Turk, 36 Kan. App. 2d 353, 357, 138 P.3d 1253, rev. denied 282 Kan. 788 (2006). A party who voluntarily complies with a judgment cannot therea
