Liberty Bank & Trust Co. of Oklahoma City, N.A. v. Rogalin

SUMMERS, Justice.

The appeal is before us prior to briefing on the merits and solely on the issue of whether it is timely. We conclude that it is not. Because our prior dismissal was for a wrong reason we grant rehearing and withdraw our earlier order of dismissal for lack of a filed final District Court order. Now, although we are satisfied the order was indeed on file, as Appellant has insisted, it lacks the requisites of appealability. Mr. Rogalin’s appeal is premature, and the appeal must remain dismissed for that reason. For the benefit of the bench and bar we explain why this is so.

Libert…