Timeplan Corporation v. O'CONNOR

IRWIN, Chief Justice.

Defendants in error have challenged the jurisdiction of this Court by a motion to dismiss on the grounds that the appeal was not commenced within thirty (30) days of the judgment or final order.

The jurisdictional issue presented is: When a motion for new trial is filed after expiration of the ten day period prescribed v by 12 O.S.1961, § 653, without assertion of any exception contained therein, is the thirty day interval for filing a petition in error computed from the date of judgment or the date of disposition of the belated motion for new trial?

Answer: A motion for a…