| Opinion: | Moore v. Haley, 2021 OK 37 |
| Subject matter: | Appellate Procedure |
| Date Decided: | June 21, 2021 (corrected June 22, 2021) |
| Trial Court: | McClain County District Court |
| Route to this Court: | Appeal of denial of Motion to Vacate Order (child visitation issue) |
| Facts: | Appellee filed a Motion to Resume Visitation in a family law matter. The trial court granted the Motion. Appellant then filed a Motion to Vacate the Order granting the Motion to Resume Visitation. The trial court denied the Motion to Vacate and Appellant appealed. Appellee filed a Motion to Dismiss Petition in Error based on, among other grounds, that the Summary Order attached to the Petition in Error does not meet the statutory requirements for an appeal. |
| Standard of Review: | Not specified, but presumably de novo review of application of a statute. |
| Analysis: | The Summary Order attached to the Petition in Error does not comply with 12 O.S.2011 § 696.3 because it does not contain the full caption of the case, the full names of the parties or counsel appearing, or the full name of the assigned judge. The title of “Summary Order” denotes that it is an abbreviated account of the ruling of the court conducted without legal formalities and the use of Summary Orders has long created problems and confusion for the appellate courts. “Prospectively, we will not recognize a filed Summary Order as a final judgment under 12 O.S.2011 § 696.3.” |
| Outcome: | Appellee’s Motion to Dismiss the appeal is overruled to allowed the Appellant an opportunity to secure a final journal entry of judgment that satisfies the requirements of 12 O.S.2011 § 696.2 and § 696.3. |
| Vote: | 6-0. Opinion by Kane, V.C.J.. Concur: Kauger, Edmondson, Combs, Gurich and Rowe, JJ. Not voting: Darby, C.J. and Winchester, J. |
| Other | Subsequently, OKSCT amended Rule 1.21 consistent with its ruling in this case. See 2021 OK 41. |