Kelsey v. Dollarsaver Food Warehouse of Durant

Concluding that the appellant’s petition in error was timely brought, the court holds today that the June 2,1993 record entry, and not the May 18, 1993 filed memorial,1 of the trial court’s ruling triggers appeal time. The court reasons the earlier memorial is not an order because (1) it is couched as a “finding” and (2) it states that Dollarsaver Food Warehouse of Durant’s [defendant or Dollarsaver] motion for judgment n.o.v. “should be overruled” rather than using the customary phrase “should be and the same hereby is overruled”.2 I cannot accede either to the court’s reasoning or to its…