Glasgow v. Fox

SIMMS, Justice:

The substantive issue in this case is whether appellant’s petition stated facts which, if taken as true, stated the elements of a cause of action for malicious prosecution. A procedural issue, raised by the Court of Appeals, sua sponte, involves a question of the timeliness of the appeal based on when a final appealable order occurred.

Because the Court of Appeals incorrectly treated the procedural question, and because this case presents a case of first impression in Oklahoma, we Grant Certio-rari, Vacate the Court of Appeals Opinion, and Affirm the trial court.

Appellant…