King v. Sherrill, 45121
| Decision Date | 25 April 1972 |
| Docket Number | No. 45121,45121 |
| Citation | 496 P.2d 803 |
| Parties | T. Gavin KING, Appellant, v. C. Gary SHERRILL, and Board of County Commissioners of Rogers County, Oklahoma, Appellees. |
| Court | Oklahoma Supreme Court |
G. Waide Sibley, Claremore, for appellant.
G. Raymond Bassman, Bassman, Gordon, Mayberry, & Scarth, Claremore, for appellees.
Petition in error was filed August 12, 1971, seeking review of a trial court judgment in a zoning matter. The final order in the trial court was denial of motion for new trial, entered on July 14, 1971. Time for preparation of the record expired January 14, 1972.
Appellant by application filed January 12, 1972 sought an extension of time for completion of the record, asserting loss by the court reporter of her stenographic notes. Appellees promptly interposed objection to allowance of the extension. From the application and ensuing motions filed by counsel for either side, it is clear that all parties learned of the difficulty sometime in October, 1971. Appellant, with that knowledge, sought no relief in the trial court and sought no relief in this court until two days before expiration of the allowed six month interval, i.e., by application filed January 12, 1972. The relief sought at that time was merely extension of time for preparation of a record on appeal which under the circumstances then existent, and which had been existent since sometime in October, 1971, could never be prepared unless the lost stenographic notes were found.
By order entered February 7, 1972, this court directed Appellant to show cause why the appeal should not be dismissed for lack of diligence in prosecution based upon failure to timely seek relief in the trial court under Civil Appeals Rules 1.22 or 1.23, which rules contemplate narrative statement in lieu of a transcript of proceedings. Appellant at that time applied to the trial court for a new trial under 12 O.S.1971 § 651(9), based upon inability to prepare a record on appeal. By a certified copy of the trial court order disposing of that application, submitted to this court by Appellee in furtherance of his pending motion to dismiss, the trial court refused to grant a new trial.
It is the duty of the appealing party to cause to be prepared and filed, in appeal to this court, a sufficient record of trial court proceeding to show cause for reversal. Educators Automobile Insurance Co. v. Jones, Okl., 428 P.2d 277. Where, as in this case, it is impossible to prepare a record for...
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...to support the quest for the corrective relief sought. Chamberlin v. Chamberlin, Okl., 720 P.2d 721, 724 [1986] and King v. Sherrill, Okl., 496 P.2d 803, 804 [1972]. Because our inquiry into a judgment's meaning cannot extend beyond the instruments that comprise the trial court's record pro......
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...property division, reduces an alimony allowance and vacates a property award made to one of the parties' children.10 King v. Sherrill, Okl., 496 P.2d 803, 804 [1972].11 Huff v. Huff, Okl., 687 P.2d 130, 131 [1984] and Willitt v. ASG Industries, Inc., Okl., 572 P.2d 1296 [1978].12 12 O.S.198......
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...v. Washtenaw Circuit Judge, 180 Mich. 633, 147 N.W. 549, 550 [1914].18 Chamberlin v. Chamberlin, supra note 13 at 724; King v. Sherrill, Okl., 496 P.2d 803, 804 [1972].19 Chamberlin v. Chamberlin, supra note 13 at 724. See also, Huff v. Huff, Okl., 687 P.2d 130, 131 [1984]; Willitt v. ASG I......
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...It is the duty of the appealing party to cause to be prepared and filed a sufficient record to show cause for reversal. King v. Sherrill, 496 P.2d 803, 804 (Okla.1972). In bringing the appeal, such portions of the record that the party wishes the appellate courts to consider in support of i......