Aven v. Reeh

OPALA, Justice,

with whom LAVENDER, V.C.J., joins and SIMMS, Justice, joins in part, dissenting.

Concluding that the appellant’s petition in error was prematurely brought, the court today holds that the filed memorial, here in contest, failed to meet the 12 O.S.1991 § 241 standards for entry on the journal and the 12 O.S.1993 § 696.3 criteria2 for triggering appeal time. The court dismisses the filed memorial of the court’s ruling of December 6, 19933 as a minute rather than a summary *1072judgment.4 I cannot accede to the court’s reasoning.

I

THE SUBSTANTIVE CONTENT OF THE DECEMBER 6 MEMORIAL…