Opinion

Lee Way Motor Freight, Inc. v. Welch

  • 764 P.2d 191
  • 1988 OK 121
  • 1988 Okla. LEXIS 134
  • 1988 WL 117681
Court
Supreme Court of Oklahoma
Filed
Nov 1, 1988
Status
Published
Author
Wilson
On the bench
Opala, Hodges, Lavender, Summers, Simms, Wilson, Kauger
Cited by
14 cases
Authority
More cited than 5.1%

money judgment must state with certainty amount to be paid

How later courts described this case

  • money judgment must state with certainty amount to be paid

Written by the judges who cited it.

The opinion

ALMA WILSON, Justice,

dissenting in part:

I dissent to that part of the majority opinion which concludes that the order on review is incapable of enforcement in the district court. I would hold in conformity with those jurisdictions which consider that the enforcement of a compensation award is initiated by the filing of a certified copy of the award in the district court where that tribunal automatically renders a judgment [emphasis mine] in accordance with the award. See, footnote No. 14 of the majority opinion, citing Durham Iron Co. v. Durham, 62 Ga.App. 361 , 7 S.E.2d 804, 811 (1940) and Camp v. U.S. Fidelity & Guaranty Co., 42 Ga.App. 653 , 157 S.E. 209, 210 (1931). The amount sought to be enforced is obviously a definite award figure and is immediately ascertainable in a district court hearing by reference to simple arithmetic. The district court’s judgment thereon (not the Workers’ Compensation Court judgment) is subsequently tendered for execution. Otherwise the integrity of the district court’s enforcement apparatus is impinged by a foreign tribunal. Moreover, I see no reason to adopt a procedure which may encourage delay in the enforcement process of Workers’ Compensation awards.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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