Legal Opinion · Dissent

Bank IV Oklahoma, N.A. v. Southwestern Bank & Trust Co.

Supreme Court of Oklahoma

Decided March 18, 1997No. 86910Published

1DissentOp Ala, Justice

On reconsideration of its earlier dismissal, the court concludes today that the petition in error was timely filed and reinstates this appeal. The court’s opinion holds that the January 12, 1996 record entry of the trial court’s ruling tendered for our review — and not the earlier December 29, 1995 filed memorial — triggers appeal time in this case. The court reasons that when an order disposing of a motion for summary judgment is silent as to a prevailing party’s duty to prepare a journal entry, and a local court rule requires the prevailing party to do so, the order is to be treated as one…

2Cases cited41 opinions

  1. Reynolds v. PorterSupreme Court of Oklahoma · 1988
  2. Tate v. Browning-Ferris, Inc.Supreme Court of Oklahoma · 1992
  3. Maule v. Independent School District No. 9Supreme Court of Oklahoma · 1985
  4. Timmons v. Royal Globe Insurance Co.Supreme Court of Oklahoma · 1985
  5. Reeves v. AgeeSupreme Court of Oklahoma · 1989

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