SCHULER v. STATE ex rel. CORYELL

SCHULER v. STATE ex rel. CORYELL
1951 OK 267
236 P.2d 672
205 Okla. 212
Case Number: 35045
Decided: 10/16/1951
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 in this court. 12 O.S. 1941 § 972, as amended, S.L. 1949, p. 97, § 1, 12 O.S.A. Supp. § 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 for 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 an appeal is required to be effected, does not extend the time to appeal.

Appeal from Superior Court, Creek County; Herbert L. Arthurs, Judge.

Action by State of Oklahoma on relation of G.B. (Chuck) Coryell against Chris Schuler et al. for an injunction. From a judgment for plaintiff, defendants appeal. Dismissed.

Kermit Nash, Drumright, for plaintiffs in error.

Clyde Patrick, Co. Atty., and Doyle Watson, Asst. Co. Atty., Drumright, for defendant in error.

CORN, J.

¶1 Plaintiff obtained a judgment September 22, 1950. Motion for new trial was filed September 25, 1950, and overruled September 29, 1950. Thereafter there were two orders of extension of time in which to make and serve a case-made. The appeal was not filed in this court until March 12, 1951.

¶2 There was no attempt to obtain an order in which to extend the time to file the appeal in this court. 12 O.S. 1941 § 972, as amended by S.L. 1949, p. 97, § 1, provides that appeals must be lodged in this court within three months after the judgment from which the appeal is taken. In Adams v. Hobb, 204 Okla. 85, 226 P.2d 913, this court held that it was necessary to obtain an order extending the time to appeal under the terms of that amendment within three months after the rendition of the judgment. Therein it is also held that an order of the trial court extending the time within which to make and serve a case-made does not extend the time for appeal. See, also, Sheets v. Sheets, 204 Okla. 88, 226 P.2d 915; East Side Baptist Church et al. v. Morgan, 204 Okla. 685, 233 P.2d 957.

¶3 Since the appeal was not lodged in this court within three months after the date judgment was rendered, the appeal must be and the same is dismissed.