Davis v. Oklahoma Employment Security Commission

I cannot agree with the majority opinion which finds the negligence of Appellant’s attorney to be “good cause” sufficient to justify waiver of the ten-day filing requirement of 40 O.S.1981 § 2-610. Neither can I agree that, under the circumstances, the trial court abused its discretion in refusing to accept the attorney’s negligence as “good cause”.

The refusal to allow a pleading to be filed out of time will be disturbed only in a case of a clear abuse of discretion and an abuse of discretion by the trial court will not be presumed on appeal. Oklahoma Gas & Electric Co. v. Chez, 527 P.2d 165…