Legal Opinion · Concurrence

Peoria Corp. v. Lemay

Supreme Court of Oklahoma

Decided May 9, 1995No. 82866Published

1ConcurrenceOpala, Justice

The court today dismisses Jacque Lemay’s [Lemay] renewed (second) appeal as 'premature. It correctly reasons that, because the exhibit attached to her amended petition in error — an unfiled December 10, 1993 order denying her postjudgment vacation quest— does not appear of record below, the court is without reviewing cognizance of this case. I write separately to explain that Lemay’s effort to secure corrective relief is prosecuted from a non-appealdble nisi prius ruling — one that, though in writing, is not on file1 below.

The September 21, 1993 default judgment in this cause is now clearly…

2Cases cited2 opinions

  1. Shields, Arnett L. v. Consolidated Rail Corporation v. Bethlehem Steel CorporationCourt of Appeals for the Third Circuit · 1987
  2. Smith v. . MatthewsSupreme Court of North Carolina · 1932

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