PRUSA v. DOLEZAL

PRUSA v. DOLEZAL
1952 OK 379
249 P.2d 1015
207 Okla 373
Case Number: 35613
Decided: 11/05/1952
Supreme Court of Oklahoma

Syllabus

¶0 1. APPEAL AND ERROR - Trial court not authorized to extend time for appeal, where no order made within three months from rendition of judgment extending time to file appeal. 12 O.S. 1951 § 972 provides that appeals must be taken within three months from the rendition of the judgment or final order complained of, but that the trial court in its discretion may extend the time for not to exceed six months. Under the provisions of this amendment, where no order is made by the trial court within three months from the rendition of the judgment or final order complained of, extending the time within which to file an appeal in this court, such judgment becomes final, and the trial court is thereafter without jurisdiction to extend the time within which to file such appeal.
2. SAME - Order of trial court extending time to make and serve case-made beyond statutory time for appeal does not extend time to appeal. An order made by the trial court, extending the time within which to make and serve case-made beyond the statutory time within which the appeal is required to be effected, does not extend the time to appeal.

Appeal from District Court, Noble County; C.L. Armstrong, Judge.

Action on a judgment. From a judgment for the defendant, plaintiffs appeal. Dismissed.

Tom S. Williams, Oklahoma City, for plaintiffs in error.

Cress & Rosser, Perry, for defendant in error.

WELCH, J.

¶1 On the 14th day of January, 1952, the trial court overruled a motion for new trial in this case in which judgment had been entered for defendant in an action by plaintiffs on a former judgment. Thereafter there were orders of extension of time in which to make and serve the case-made. The appeal was filed in this court on July 12, 1952.

¶2 There was no attempt to obtain an order in which to extend the time to file the appeal in this court until June 11, 1952. A motion to dismiss has been filed for the reason the appeal was not filed within the statutory three months provided by 12 O.S. 1951 § 972, or an extension of time within said three months. The motion must be sustained. Adams v. Hobbs, 204 Okla. 85, 226 P.2d 913; Sheets v. Sheets, 204 Okla. 88, 226 P.2d 915; East Side Baptist Church v. Morgan, 204 Okla. 685, 233 P.2d 957; Schuler v. State ex rel. Coryell, 205 Okla. 212, 236 P.2d 672.

¶3 Appeal dismissed.

¶4 HALLEY, V.C.J., and CORN, GIBSON, DAVISON, JOHNSON, O'NEAL, and BINGAMAN, JJ., concur.