Tuttle v. Pilant

LAVENDER, Vice Chief Judge.

The first issue presented is whether it is within the authority of the district court to examine new evidence regarding back pay and benefits of a terminated employee when the district court was acting under its appellate jurisdiction in reviewing the personnel board’s decision to terminate an employee. We hold that the district court was acting as an appellate court under 12 O.S.1981 § 951 and the court could not allow and consider new evidence regarding damages. Further, we find that Employee was required to bring a separate action regarding his cause of action…