Rusk Through McGilvery v. Independent School Dist. No. 1 of Tulsa County

Rusk Through McGilvery v. Independent School Dist. No. 1 of Tulsa County
1994 OK 128
885 P.2d 1365
65 OBJ 3961
Case Number: 84433
Decided: 11/22/1994
Supreme Court of Oklahoma

 
TARA RUSK, A MINOR, AND THROUGH HER NEXT OF KIN AND BEST FRIEND, JOYCE McGILVERY, APPELLANT,
v.
INDEPENDENT SCHOOL DISTRICT NO. 1 OF TULSA COUNTY, OKLAHOMA, APPELLEE.

ORDER

¶1 On the Court's own motion, this appeal is dismissed as untimely. The petition in error was not mailed in compliance with 12 O.S.Supp. 1993 § 990A and Rule 1.15 of the Rules of Appellate Procedure in Civil Cases in that it was mailed by priority mail rather than by certified mail, return receipt [885 P.2d 1366] requested. The date of filing of the petition in error was the date it was received by the clerk rather than the date of mailing, which was more than 30 days after the filing of the judgment. Eagle Life Ins. Co. v. Rush, 832 P.2d 1224 (Okla. 1992), Woods v. Woods, 830 P.2d 1372 (Okla. 1992).

/s/ Ralph B. Hodges

¶2 HODGES, C.J., and SIMMS, OPALA, ALMA WILSON and SUMMERS, JJ., concur.