DeLuca v. Mountain States Financial Resources Corp.

DeLuca v. Mountain States Financial Resources Corp.
1992 OK 30
827 P.2d 171
563 OBJ 681
Case Number: 79005
Decided: 03/02/1992
Supreme Court of Oklahoma

SAMUEL J. DeLUCA, APPELLANT,
v.
MOUNTAIN STATES FINANCIAL RESOURCES CORP., APPELLEE.

ORDER

¶1 This appeal is dismissed as premature. The order of the district court, which dismisses appellant's counterclaim, but leaves the parties in court on appellee's claims against the appellant, is not a final appealable order. 12 O.S. 1991 Supp. § 1006 [91-1006]. The Bar Committee Comments to 12 O.S. 1990 Supp. § 1006 [90-1006] state that if a counterclaim relates to the same transaction or occurrence as plaintiff's claims, then the district court does not have the power to enter a final appealable order, when it resolves only a part of the claims between the parties. This dismissal shall not prejudice the right of the appellant to bring a subsequent appeal in accordance with the Rules of Appellate Procedure in Civil Cases, after a final order is entered.

¶2 OPALA, C.J., HODGES, V.C.J., and LAVENDER, HARGRAVE and KAUGER, JJ., concur.