Rusk ex rel. McGilvery v. Independent School District No. 1 of Tulsa County

Supreme Court of Oklahoma
Rusk ex rel. McGilvery v. Independent School District No. 1 of Tulsa County, 885 P.2d 1365 (Okla. 1994)
1994 OK 128; 1994 Okla. LEXIS 148; 1994 WL 666160
Hodges, Simms, Opala, Wilson, Summers

Rusk ex rel. McGilvery v. Independent School District No. 1 of Tulsa County

Opinion of the Court

*1366 ORDER

On the Court’s own motion, this appeal is dismissed as untimely. The petition in error was not mailed in compliance with 12 O.S.Supp.1993 § 990A and Rule 1.15 of the Rules of Appellate Procedure in Civil Cases in that it was mailed by priority mail rather than by certified mail, return receipt requested. The date of filing of the petition in error was the date it was received by the clerk rather than the date of mailing, which was more than 30 days after the fifing of the judgment. Eagle Life Ins. Co. v. Rush, 832 P.2d 1224 (Okl. 1992), Woods v. Woods, 830 P.2d 1372 (Okl. 1992).

/s/ Ralph B. Hodges CHIEF JUSTICE HODGES, C.J., and SIMMS, OPALA, ALMA WILSON and SUMMERS, JJ., concur.

Reference

Full Case Name
Tara RUSK, a minor, and through her next of kin and best friend, Joyce McGILVERY v. INDEPENDENT SCHOOL DISTRICT NO. 1 OF TULSA COUNTY, Oklahoma
Cited By
2 cases
Status
Published