Legal Opinion
Points v. Oklahoma Publishing Co.
Supreme Court of Oklahoma
Decided May 24, 1983No. 54567PublishedCited by 13 opinions
1Opinion of the Court
OPALA, Justice:
This appeal is fraught with a fatal postural defect. It must be dismissed.
The threshold issue to be resolved here is whether the decision from which the appeal is sought to be prosecuted should be regarded as a disposition on the merits of the case or as an involuntary dismissal, under 12 O.S.1981 § 683(5), “for disobedience by the plaintiff of an order concerning the proceedings in the action.” 1 We hold that the order here under review must be dealt with as a § 683(5) dismissal “without prejudice to a future action”. 2
According to the record before us, the amended petition of…
2Cases cited19 opinions
- Flick v. CrouchSupreme Court of Oklahoma · 1967
- Underside v. LathropSupreme Court of Oklahoma · 1982
- Berry and Berry v. BartonSupreme Court of Oklahoma · 1902
- Lisle v. AndersonSupreme Court of Oklahoma · 1916
- Seufert v. StadelmanOregon Supreme Court · 1946
14 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Eason Oil Co. v. Howard Engineering, Inc.Supreme Court of Oklahoma · 1988
- Kerndt v. RonanNebraska Supreme Court · 1990
- B & M International Trading Co. v. Woodie Ayers Chevrolet, Inc.Supreme Court of Oklahoma · 1988
- Temeron, Inc. v. Ferraro Energy Corp.Court of Civil Appeals of Oklahoma · 1993
- Hug v. JamesCourt of Civil Appeals of Oklahoma · 2008
8 more not listed; retrieve them via the Exa API.