DeLuca v. Mountain States Financial Resources Corp.

Supreme Court of Oklahoma

DeLuca v. Mountain States Financial Resources Corp.

1992 OK 30, 827 P.2d 171, 563 O.B.A.J. 681, 1992 Okla. LEXIS 35, 1992 WL 39062

CourtSupreme Court of Oklahoma

DecidedMarch 2, 1992

Docket79005

StatusPublished

Cited by9 cases

This text of 1992 OK 30 (DeLuca v. Mountain States Financial Resources Corp.) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

DeLuca v. Mountain States Financial Resources Corp., 1992 OK 30, 827 P.2d 171, 563 O.B.A.J. 681, 1992 Okla. LEXIS 35, 1992 WL 39062 (Okla. 1992).

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Opinion

ORDER

This appeal is dismissed as premature. The order of the district court, which dismisses appellant’s counterclaim, but leaves the parties in court on appellee’s claims against the appellant, is not a final appeal-able order. 12 O.S.1991 Supp. § 1006. The Bar Committee Comments to 12 O.S. 1990 Supp. § 1006 state that if a counterclaim relates to the same transaction or occurrence as plaintiff’s claims, then the district court does not have the power to enter a final appealable order, when it resolves only a part of the claims between the parties. This dismissal shall not prejudice the right of the appellant to bring a subsequent appeal in accordance with the Rules of Appellate Procedure in Civil Cases, after a final order is entered.

OPALA, C.J., HODGES, V.C.J., and LAVENDER, HARGRAVE and KAUGER, JJ., concur.

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ORDER

This appeal is dismissed as premature. The order of the district court, which dismisses appellant’s counterclaim, but leaves the parties in court on appellee’s claims against the appellant, is not a final appeal-able order. 12 O.S.1991 Supp. § 1006. The Bar Committee Comments to 12 O.S. 1990 Supp. § 1006 state that if a counterclaim relates to the same transaction or occurrence as plaintiff’s claims, then the district court does not have the power to enter a final appealable order, when it resolves only a part of the claims between the parties. This dismissal shall not prejudice the right of the appellant to bring a subsequent appeal in accordance with the Rules of Appellate Procedure in Civil Cases, after a final order is entered.

OPALA, C.J., HODGES, V.C.J., and LAVENDER, HARGRAVE and KAUGER, JJ., concur.

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Bluebook (online)

1992 OK 30, 827 P.2d 171, 563 O.B.A.J. 681, 1992 Okla. LEXIS 35, 1992 WL 39062, Counsel Stack Legal Research, https://law.counselstack.com/opinion/deluca-v-mountain-states-financial-resources-corp-okla-1992.

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