Opinion

Johnson v. Tony's Town Mister Quik

  • 67 O.B.A.J. 1260
  • 915 P.2d 355
  • 1996 OK 138
  • 1996 Okla. LEXIS 56
  • 1996 WL 162432
Court
Supreme Court of Oklahoma
Filed
Apr 9, 1996
Status
Published
Author
Kauger
On the bench
Ala, Kauger, Hodges, Simms, Hargrave, Wilson, Lavender, Summers, Watt
Cited by
29 cases
Authority
More cited than 13.0%

The opinion

KAUGER, Vice Chief Justice,

concurring:

I agree that the mailbox rule, 12 O.S.Supp. 1994 § QQOAÍB), 1 is applicable to Workers’ Compensation appeals for the reasons expressed in part III of the majority opinion. I am also of the opinion that these same reasons require that appeals from the Workers’ Compensation Court be accorded the same amount of time for an appeal to be filed. Title 85 O.S.Supp.1994 § 3.6(C), Rule I.100(a), Rules on Perfecting a Civil Appeal, 12 O.S. 1991 , Ch. 15, App. 2, and Rule 1.18, Rules on Perfecting a Civil Appeal, 12 O.S. 1991 , Ch. 14, App. 2 should be amended to provide for uniform application of appellate procedure. 2

. Title 12 O.S.Supp. 1993 § 990A(B) provides:

“The filing of the petition in error may be accomplished either by delivery or by sending it by certified mail with return receipt requested to the Clerk of the Supreme Court. The date of mailing, as shown by the postmark affixed by the post office or other proof from the post office of the date of mailing, shall constitute the date of filing of the petition in error. If there is no proof from the post office of the date of mailing, the date of receipt by the Clerk of the Supreme Court shall constitute the date of filing of the petition in error.”

Section 990A was amended effective September 1, 1994. The mailbox rule was unchanged by this amendment.

. See, dissent by Kauger, J. in Rockwell International v. Hampton, 886 P.2d 992, 993 (Okla. 1994).

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.