McGinnis v. Republic-Underwriters Insurance Co.

Supreme Court of Oklahoma

McGinnis v. Republic-Underwriters Insurance Co.

1992 OK 56, 830 P.2d 191, 63 O.B.A.J. 1358, 1992 Okla. LEXIS 77

CourtSupreme Court of Oklahoma

DecidedMay 4, 1992

DocketNo. 79305

StatusPublished

Cited by5 cases

This text of 1992 OK 56 (McGinnis v. Republic-Underwriters Insurance Co.) 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.

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McGinnis v. Republic-Underwriters Insurance Co., 1992 OK 56, 830 P.2d 191, 63 O.B.A.J. 1358, 1992 Okla. LEXIS 77 (Okla. 1992).

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Opinion

ORDER

Appellee’s motion to dismiss is denied with prejudice to its reargument. Appellant’s petition in error, which was lodged within thirty days of the filing of the journal entry of judgment on the jury verdict, is timely. 12 O.S.1991 § 990A. The holding in Jaco Production Company v. Luca, 823 P.2d 364 (Okl.1991), does not apply to the present case, where appellant sought funds from appellee by bringing a special statutory postjudgment garnishment proceeding, which is not a “common-law action.” McCormack v. Oklahoma Publishing Company, 613 P.2d 737, 740 (Okl.1980); Johnson v. Farmers Alliance Mutual Ins. Co., 499 P.2d 1387 (Okl.1972). Appellant’s application for costs is denied.

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

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ORDER

Appellee’s motion to dismiss is denied with prejudice to its reargument. Appellant’s petition in error, which was lodged within thirty days of the filing of the journal entry of judgment on the jury verdict, is timely. 12 O.S.1991 § 990A. The holding in Jaco Production Company v. Luca, 823 P.2d 364 (Okl.1991), does not apply to the present case, where appellant sought funds from appellee by bringing a special statutory postjudgment garnishment proceeding, which is not a “common-law action.” McCormack v. Oklahoma Publishing Company, 613 P.2d 737, 740 (Okl.1980); Johnson v. Farmers Alliance Mutual Ins. Co., 499 P.2d 1387 (Okl.1972). Appellant’s application for costs is denied.

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

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Bluebook (online)

1992 OK 56, 830 P.2d 191, 63 O.B.A.J. 1358, 1992 Okla. LEXIS 77, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcginnis-v-republic-underwriters-insurance-co-okla-1992.

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