Supreme Court of Oklahoma, 1994

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

Rusk ex rel. McGilvery v. Independent School District No. 1 of Tulsa County
Supreme Court of Oklahoma · Decided November 22, 1994 · Hodges, Simms, Opala, Wilson, Summers
885 P.2d 1365; 1994 OK 128; 1994 Okla. LEXIS 148; 1994 WL 666160 (Pacific Reporter, Second Series)

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.

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