INDEPENDENT SCHOOL DISTRICT NO. 4 v. PURDY

INDEPENDENT SCHOOL DISTRICT NO. 4 v. PURDY
1958 OK 42
322 P.2d 206
Case Number: 37865
Decided: 02/18/1958
Supreme Court of Oklahoma

INDEPENDENT SCHOOL DISTRICT NO. 4, MAJOR COUNTY, OKLAHOMA, PLAINTIFF IN ERROR,
v.
J.W. PURDY, DEFENDANT IN ERROR.

Syllabus by the Court

¶0 Where an appeal is attempted by case-made and the case-made is not served within fifteen days after the time of the final order entered in the trial court, or within time fixed by a timely and valid order of the trial court extending the time for service of the case-made, this court is without jurisdiction to review the errors complained of arising upon such case-made, and the appeal will be dismissed.

Appeal from the District Court of Major County; Tom R. Blaine, District Judge.

Appeal by defendant from judgment for plaintiff in action for breach of contract. Appeal dismissed.

Butler & Montgomery, by John Butler, Fairview, for plaintiff in error.

Houk & Houk, Fairview, for defendant in error.

Harry Johnson, Oklahoma City, for Oklahoma Education Ass'n, amicus curiae.

WILLIAMS, Justice.

¶1 This is an attempted appeal from a judgment in favor of Plaintiff in an action for breach of contract. The attempted appeal is by case-made. Defendant's motion for a new trial was overruled on April 4, 1957, at which time an order was made allowing defendant 60 days from such date in which to make and serve case-made. The 60 days given in which to make and serve case-made expired June 3, 1957. No further order extending the time in which to make and serve the case-made was entered. The case-made was served on June 6, 1957.

¶2 Where the case-made is not served within 15 days after the time of the final order entered in the trial court, or within time fixed by a timely and valid order of the trial court extending the time for service of the case-made, this court is without jurisdiction to review the errors complained of arising upon such case-made, and the appeal will be dismissed. J. & J. Furniture Co. v. Oklahoma Discount Corp., Okl., 277 P.2d 116; Evans v. Wilcox, 208 Okl. 76, 253 P.2d 566; Clayton v. Clayton, 202 Okl. 576, 216 P.2d 314.

¶3 Appeal dismissed.

¶4 CORN, V.C.J., and JOHNSON, HALLEY, BLACKBIRD, and CARLILE, JJ., concur.