REED v. ARNEY

REED v. ARNEY
1950 OK 346
226 P.2d 418
204 Okla. 4
Case Number: 34843
Decided: 12/26/1950
Supreme Court of Oklahoma

Syllabus

¶0 APPEAL AND ERROR - Appeal dismissed where petition in error not filed within three months after judgment or final order.
Where the petition in error with record or case-made is not filed within three months after the judgment or final order made in the case and there has been no order of the trial court extending the time for appeal as provided by 12 O.S. 1941 § 972, as amended by the Session Laws of 1949, page 97, section 1, the appeal will be dismissed for lack of jurisdiction.

Appeal from Court of Common Pleas, Tulsa County; Stanley C. Edmister, Judge.

Action by W.L. Reed against Charles Arney for possession of real property and rentals in connection therewith. From a judgment for defendant on his answer and cross-petition, plaintiff appeals. Dismissed.

R.R. Linker and R.M. Cowen, both of Tulsa, for plaintiff in error.

Harold McArthur, of Tulsa, for defendant in error.

ARNOLD, V.C.J.

¶1 This is an appeal from an order overruling the motion for new trial filed by W.L. Reed, plaintiff in error, in an action by Reed against the defendant in error, Charles Arney, wherein Charles Arney recovered upon a verdict of the jury on an answer and cross-petition and judgment was entered thereon.

¶2 On the 18th day of April, 1950, the trial court entered an order overruling a motion for new trial. The appeal was filed herein September 12, 1950, and a motion to dismiss has been lodged for the reason that the appeal is not taken as provided by 12 O.S. 1941 § 972, as amended by Session Laws of 1949, page 97, section 1, providing for appeals within three months from the date of the judgment or final order entered in the case and providing that the trial court may, in its discretion, extend the time for appeal not to exceed six months.

¶3 The appeal must be dismissed. There is no order shown granting further time to appeal past the three months allowed by section 972, supra, as amended. This court has many times held that where an appeal is not lodged within the statutory time provided for appeal, the Supreme Court is without jurisdiction to determine the cause. Caswell v. Eaton, 43 Okla. 718, 144 P. 591; Miller v. Mentzer, 186 Okla. 496, 98 P.2d 913.

¶4 Appeal dismissed.