Legal Opinion · Dissent

Besecker v. Chilbert

Supreme Court of Oklahoma

Decided November 10, 1994No. 84323Published

1DissentOp Ala, Justice

Concluding that the appellant’s petition in error was timely brought, the court ignores the substance of the trial court’s March 1, 1994 post-decree entry1 and holds that it does not trigger appeal time because it is not in literal compliance with all of the 12 O.S.Supp.1993 § 696.3 requirements.2 I cannot accede to the court’s view. The March 1 memorial, while called a “minute order,”3 is obviously a recordable entry when measured by 12 O.S.1991 § 24 standards.4 It substantially meets all the § 696.3 requirements for triggering appeal time.

This court stands committed to the view that, once…

2Cases cited16 opinions

  1. Hulsey v. Mid-America Preferred Insurance Co.Supreme Court of Oklahoma · 1989
  2. Rodgers v. HigginsSupreme Court of Oklahoma · 1994
  3. McCullough v. Safeway Stores, Inc.Supreme Court of Oklahoma · 1981
  4. Salyer v. National Trailer Convoy, Inc.Supreme Court of Oklahoma · 1986
  5. Miller v. MillerSupreme Court of Oklahoma · 1983

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