Renner v. National American Insurance Co.

Supreme Court of Oklahoma

Renner v. National American Insurance Co.

2000 OK 49, 9 P.3d 83, 71 O.B.A.J. 1752, 2000 Okla. LEXIS 44, 2000 WL 874961

CourtSupreme Court of Oklahoma

DecidedJune 19, 2000

Docket94,461

StatusPublished

This text of 2000 OK 49 (Renner v. National American 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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Renner v. National American Insurance Co., 2000 OK 49, 9 P.3d 83, 71 O.B.A.J. 1752, 2000 Okla. LEXIS 44, 2000 WL 874961 (Okla. 2000).

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Opinion

ORDER

{1 On February 25, 2000, the district court granted a motion for summary adjudication of four out of the five plaintiffs' claims. One plaintiff's claims remained pending in the district court, as did the defendants' counterclaims against this plaintiff. Defendants National American Insurance Company and Wes Star Construction, Inc. (appellants) appealed. The appellants were directed to show cause why the appeal should not be dismissed. The Court then granted an extension of time within which to

obtain certification of the order pursuant to Okla. Stat. tit. 12, $ 994 (1991). The appellants were unable to obtain the certification.

T2 Section 994 requires when an order adjudicates fewer than all the claims of all the parties, the district court must expressly determine "that there is not just reason for delay" and expressly direct "the filing of a final judgment" in order to invoke this Court's jurisdiction. The district court has not made the necessary finding or directed the filing of a final judgthent. For these reasons, the February 25, 2000 order is not appealable.

13 The appeal is dismissed for lack of an appealable order and appellees' motion for an appeal-related attorney's fee and costs is denied. However, this Court's ancillary cognizance conferred by article 7, section 4 of the Oklahoma Constitution is invoked and the effectiveness of the February 25, 2000 adjudication is stayed until judgment complying with Okla. Stat. tit. 12, § 681 (1991), is entered or until the February 25, 2000 order is properly certified pursuant to Okla. Stat. tit. 12, § 994 (1991).

T4 DONE BY ORDER OF THE SUPREME COURT IN CONFERENCE THIS 19TH DAY OF JUNE, 2000.

15 VOTE ON DISMISSAL OF APPEAL :

16 SUMMERS, C.J., HARGRAVE, V.C.J., HODGES, LAVENDER, OPALA, KAUGER, WATT, AND WINCHESTER, JJ., CONCUR, T7 BOUDREAU, J., CONCUR IN RESULT.

18 VOTE ON PUBLISHING ORDER :

*84 T9 SUMMERS, C.J., HARGRAVE, V.C.J., HODGES, LAVENDER, OPALA, WATT, AND WINCHESTER, JJ., CONCUR.

110 KAUGER AND BOUDREAU, JJ., DISSENT.

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ORDER

{1 On February 25, 2000, the district court granted a motion for summary adjudication of four out of the five plaintiffs' claims. One plaintiff's claims remained pending in the district court, as did the defendants' counterclaims against this plaintiff. Defendants National American Insurance Company and Wes Star Construction, Inc. (appellants) appealed. The appellants were directed to show cause why the appeal should not be dismissed. The Court then granted an extension of time within which to

obtain certification of the order pursuant to Okla. Stat. tit. 12, $ 994 (1991). The appellants were unable to obtain the certification.

T2 Section 994 requires when an order adjudicates fewer than all the claims of all the parties, the district court must expressly determine "that there is not just reason for delay" and expressly direct "the filing of a final judgment" in order to invoke this Court's jurisdiction. The district court has not made the necessary finding or directed the filing of a final judgthent. For these reasons, the February 25, 2000 order is not appealable.

13 The appeal is dismissed for lack of an appealable order and appellees' motion for an appeal-related attorney's fee and costs is denied. However, this Court's ancillary cognizance conferred by article 7, section 4 of the Oklahoma Constitution is invoked and the effectiveness of the February 25, 2000 adjudication is stayed until judgment complying with Okla. Stat. tit. 12, § 681 (1991), is entered or until the February 25, 2000 order is properly certified pursuant to Okla. Stat. tit. 12, § 994 (1991).

T4 DONE BY ORDER OF THE SUPREME COURT IN CONFERENCE THIS 19TH DAY OF JUNE, 2000.

15 VOTE ON DISMISSAL OF APPEAL :

16 SUMMERS, C.J., HARGRAVE, V.C.J., HODGES, LAVENDER, OPALA, KAUGER, WATT, AND WINCHESTER, JJ., CONCUR, T7 BOUDREAU, J., CONCUR IN RESULT.

18 VOTE ON PUBLISHING ORDER :

*84 T9 SUMMERS, C.J., HARGRAVE, V.C.J., HODGES, LAVENDER, OPALA, WATT, AND WINCHESTER, JJ., CONCUR.

110 KAUGER AND BOUDREAU, JJ., DISSENT.

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2000 OK 49, 9 P.3d 83, 71 O.B.A.J. 1752, 2000 Okla. LEXIS 44, 2000 WL 874961, Counsel Stack Legal Research, https://law.counselstack.com/opinion/renner-v-national-american-insurance-co-okla-2000.

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