Austin v. Curry

HARGRAVE, Justice.

The question presented by this appeal is whether the trial court may entertain a petition for new trial predicated on subpar-agraph 9 of 12 O.S.1971, § 651, impossibility of preparing record on appeal, when the petition is filed more than one year after final judgment in the trial court, but within one year from failure of the appeal for which the record is sought. For the reasons stated below, this question is answered in the negative.

This is the second appeal arising from a single cause of action. In the court below, a three-day jury trial ended with a defense verdict on…