The opinion
¶ 8 OPALA, J.,
concurring.
I concur in today’s order, but would also join in a summary reversal of the trial judge’s order that prevents the petitioner from proceeding further in the case. That nisi prius order is clearly appealable. 12 O.S.1991 § 953. Recasting this proceeding into an original action is not necessary to dispose of the critical issue before us.
¶ 9 HARGRAVE, J., not voting.