Legal Opinion

Horvat v. State ex rel. Department of Corrections

Court of Civil Appeals of Oklahoma

Decided April 13, 2004No. 99,976PublishedCited by 8 opinions

1Opinion of the Court

TOM COLBERT, Chief Judge.

¶ 1 Shawn M. Horvat, an employee of the Department of Corrections (DOC), appeals from a summary judgment in favor of DOC and the Merit Protection Commission (MPC). The issue on appeal is whether MPC’s rule that an appeal is filed on the day it is received rather than on the day it is mailed violates Oklahoma’s Constitution. We conclude that it does and reverse the summary judgment.

FACTS AND PROCEDURAL BACKGROUND

¶ 2 On September 20, 2002, Horvat, a permanent classified Correctional Security Manager, Level 1, received a letter from DOC informing him that he was to be…

2Cases cited3 opinions

  1. K & H Well Service, Inc. v. Tcina, Inc.Supreme Court of Oklahoma · 2002
  2. Johnson v. Tony's Town Mister QuikSupreme Court of Oklahoma · 1996
  3. Whitehead v. Tulsa Public SchoolsSupreme Court of Oklahoma · 1998

3Cited by8 opinions

  1. Zeier v. Zimmer, Inc.Supreme Court of Oklahoma · 2006
  2. VASQUEZ v. DILLARD'S, INC.Supreme Court of Oklahoma · 2016
  3. French v. State ex rel. Oklahoma Department of CorrectionsCourt of Civil Appeals of Oklahoma · 2010
  4. Horvat v. STATE, EX REL. DOCCourt of Civil Appeals of Oklahoma · 2004
  5. French v. STATE EX REL. DEPT. OF CORR.Court of Civil Appeals of Oklahoma · 2010

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