The opinion
OP ALA, Justice,
with whom SIMMS and HARGRAVE, Justices, join, dissenting.
While I concur in today’s conclusion that appellants’ motion for new trial, though prematurely filed, may be deemed legally effective in this action’s scenario, I cannot accede to the court’s view that the January 14, 1994 nisi prius order did not trigger appeal time. That order is without a doubt recordable (when measured by the standards of 12 O.S. 1991 § 24) 1 and substantially meets all the requirements in 12 O.S.Supp.1993 § 696.3 2 for an appealable memorial'. For a detailed explanation of my views upon this point, see *854 Aven v. Reeh 3 and Marshall v. OK Rental and Leasing, Inc. 4
.“Recordable" means that by force of 12 O.S. 1991 § 24 an instrument meeting that section's criteria must be entered on or “recorded ” in the court's journal. The clerk may "enter” only that which is “on file ", The pertinent terms of 12 O.S.1991 § 24 are:
"Upon the journal record required to be kept by the clerk of the district court in civil cases ... shall be entered copies of the following instruments on file:
1. All items of process by which the court acquired jurisdiction of the person of each defendant in the case; and
2. All instruments filed in the case that bear the signature of the judge and specify clearly the relief granted or order made.” [Emphasis added.]
. The pertinent terms of 12 O.S.Supp.1993 § 696.3, effective October 1, 1993, are:
"A. Judgments, decrees and appealable orders that are filed with the clerk of the court shall contain:
1. A caption setting forth the name of the court, the names and designation of the parties, the file number of the case and the title of the instrument;
2. A statement of the disposition of the action, proceeding, or motion, including a statement of the relief awarded to a party or parties and the liabilities and obligations imposed on the other party or parties;
3. The signature and title of the court; ...
. Aven v. Reeh, Okl., 878 P.2d 1069, 1071 (1994) (Opala, J., dissenting).
. Marshall v. OK Rental and Leasing, Inc., Okl., 879 P.2d 132, 134 (1994) (Opala, J., dissenting).