Mowdy v. State ex rel. Dept. of Public Safety
| Decision Date | 25 June 1974 |
| Docket Number | No. 47312,47312 |
| Citation | 1974 OK 83,524 P.2d 5 |
| Parties | Douglas E. MOWDY, Appellant, v. The STATE of Oklahoma ex rel. DEPARTMENT OF PUBLIC SAFETY, Appellee. |
| Court | Oklahoma Supreme Court |
Robert W. Pittman, Oklahoma City, for appellant.
Leroy Patton, Atty., Dept. of Public Safety, State of Oklahoma, Oklahoma City, Earl Donaldson, Legal Intern, for appellee.
Appellant seeks review of a district court judgment sustaining an order by the Commissioner of Public Safety revoking the drivers license of appellant. The district court judgment was entered November 9, 1973. Appellant filed a motion for new trial December 3, 1973, with a notation of leave granted by the trial judge to file out of time. The motion was denied by order entered December 21, 1973.
Before the thirty day period for filing a petition in error had lapsed, the trial judge allegedly told the defendant's attorney that the denial of the motion for new trial might have been erroneous and he would reconsider if the defendant would file a second motion for new trial. The trial judge took the position that he could control his own judgment for thirty days after it was entered, in accordance with 12 O.S.1971, § 1031.1. Therefore, on January 17, 1974, defendant was given permission to file his second motion for new trial out of time.
The second motion for new trial was denied on February 7, 1974. This appeal was commenced March 8, 1974.
The appellee moves this Court to dismiss the appeal since the petition in error was not filed within 30 days of the final order of the District Court. Appellant urges that there was no final judgment until February 7, 1974, when the second motion for new trial was denied.
Title 12, O.S.1971, § 1031.1 grants the time limitation in which a trial court may correct, open, modify or vacate a judgment for any of the reasons specified in 12 O.S.1971, § 1031, or § 1038.
Section 1031 gives the district court the power to vacate or modify its own judgments, inter alia, 'By granting a new trial for the cause, with the Time and in the manner prescribed in Section 653 of this title.' (E.A.)
An appeal to the Supreme Court from an order of the district court cancelling, suspending, or revoking a license may be perfected under the provisions of 47 O.S.1971, § 6--211(i), simply by filing a petition in error with complete transcript within twenty (20) days from the date of the final order in the district court. However, the provisions of 47 O.S.1971, § 6--211 are not exclusive in driver's license appeals. Rules on Perfecting a Civil Appeal, Title 12, O.S. Ch. 15, App. 2, Rule 1.15(b) provides:
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In re Amendments to Okla. Supreme Court Rules
...provided by the cited section or these rules. See, 47 O.S. 2001 § 6-211(M), Rules 1.34(c) and 1.10(c)(2), and Mowdy v. State ex rel. Dept. of Public Safety, 1974 OK 83, 524 P.2d 5.Appeals under 82 O.S. 2001 § 545 and 82 O.S. 2001 § 508 (to review a decree establishing or refusing to establi......
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Manning v. State ex rel. Dept. of Public Safety
...or within thirty days under the rules of appellate procedure. 12 O.S.1991, Ch. 15, App. 2, Rule 1.11(b). Mowdy v. State ex rel. Dept. of Public Safety, Okl., 524 P.2d 5, 6 (1974). The pertinent terms of Rule 1.11(b) are:"An appeal from a district court's decision falling within the provisio......
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...time provided by the cited section or these rules. See, 47 O.S. § 6-211(M), Rules 1.34(c) and 1.10(c)(2), and Mowdy v. State ex rel. Dept. of Public Safety, 1974 OK 83, 524 P.2d 5.Appeals under 82 O.S. § 545 and 82 O.S. § 508 (to review a decree establishing or refusing to establish a water......
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In re Amendment to Oklahoma Supreme Court Rule 1.21, 2002 OK 98 (Okla. 12/17/2002), SCAD-2002-91
...by the cited section or these rules. See, 47 O.S.2001 § 6-211 Subdiv. (M), Rules 1.34(c) and 1.10 (c)(2), and Mowdy v. State ex rel. Dept. of Public Safety, 1974 OK 83, 524 P.2d 5. Appeals under 82 O.S.2001 § 545 and 82 O.S.2001 § 508 (to review a decree establishing or refusing to establis......