Larue v. Noble Independent School District

Larue v. Noble Independent School District
1997 OK CIV APP 57
946 P.2d 277
68 OBJ 3233
Case Number: 88635
Decided: 10/02/1997

JIM LaRUE, CAROL LaRUE, JACK TRACY,

APPEALS DISMISSED

Richard L. Denney, Denny & Barrett, P.C., Norman, Oklahoma,

ADAMS, Chief Judge

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THE TRACY APPEAL

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THE LaRUE APPEAL

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APPEALS DISMISSED

FOOTNOTES

1The trial court certified all of his findings for immediate appeal as a certified interlocutory order pursuant to 12 O.S.1991 § 952(b)(3). In addition to a Petition in Error, the plaintiffs filed, under the same case number, a Petition for Certiorari seeking review of the trial court's order as a certified interlocutory order under Okla.Sup.Ct.R. 1.52, and an Application to Assume Original Jurisdiction and Petition for Writ of Mandamus. The Application to Assume Original Jurisdiction was subsequently dismissed on the plaintiffs' motion, and the Supreme Court's order directing the appeal to proceed as an appeal from an interlocutory order appealable as a matter of right effectively disposed of the plaintiffs' Petition for Certiorari.

2As pertinent here, Rule 1.60 allows the immediate appeal of an order which grants or denies a temporary injunction.

3Those findings also might be subject to review if this case was in the posture of an appeal from a certified interlocutory order under § 952(b)(3). As noted, the Supreme Court has rejected such review.