Summary
The Oklahoma Supreme Court held that a filed Summary Order does not qualify as a final judgment under 12 O.S. §§ 696.2 and 696.3 because it lacks required formal elements, including a complete caption and judicial information. The court prospectively declined to recognize Summary Orders as final judgments but overruled the motion to dismiss and allowed the appellant 30 days to obtain and file a compliant journal entry of judgment.
Topics
Practice areas
Questions Presented
- Whether a filed Summary Order that does not satisfy the requirements of 12 O.S. §§ 696.2 and 696.3 constitutes a final judgment or appealable order.
- Whether the appeal should be dismissed when the appellant fails to attach a certified copy of a compliant final judgment or appealable order.
- Whether the appellant should be given an opportunity to obtain a compliant final journal entry and amend the petition in error.
Holdings
- A filed Summary Order is not recognized as a final judgment under 12 O.S. § 696.3 when it does not comply with the statutory requirements for a judgment, decree, or appealable order.
- The motion to dismiss was overruled to give the appellant an opportunity to obtain a compliant final journal entry of judgment and amend the petition in error.
Key quotations
“Prospectively, we will not recognize a filed Summary Order as a final judgment under 12 O.S.2011 § 696.3.” (¶ 4)
“Appellant is granted thirty (30) days from the date of this order to obtain an appealable judgment in the lower court and file an amended petition in error with a certified copy of the judgment attached.” (¶ 5)
Factual background
The appellant sought appellate review based on a filed Summary Order. The document did not contain the full caption, full names of the parties or counsel, or the full name of the assigned judge, and it did not otherwise satisfy the statutory requirements for a final appealable order. The court also noted that Summary Orders can be illegible, may contemplate a later formal journal entry, and generally lack evidence of service.
Procedural history
Moore filed a petition in error attaching a Summary Order rather than a certified copy of a judgment, decree, or appealable order satisfying statutory requirements. Haley moved to dismiss the appeal. The Supreme Court overruled the motion to dismiss without prejudice to further proceedings, gave Moore thirty days to obtain a compliant final journal entry of judgment from the lower court, and required an amended petition in error with a certified copy attached.
Remand instructions
The appellant was granted thirty days from the date of the order to obtain an appealable final journal entry in the lower court and file an amended petition in error with a certified copy attached. Failure to comply could result in dismissal of the appeal.