TIMEPLAN CORPORATION v. O'CONNOR

No. 43690.

461 P.2d 935 (1969)

The TIMEPLAN CORPORATION, Plaintiff in Error, v. James P. O'CONNOR and Jean O'Connor, Defendants in Error.

Supreme Court of Oklahoma.

November 25, 1969.


Attorney(s) appearing for the Case

Kenn Bradley, Tulsa, for plaintiff in error.

Frazier, Harris, Dyer, Pate & Hopper, Tulsa, for defendants in error.


IRWIN, Chief Justice.

Defendants in error have challenged the jurisdiction of this Court by a motion to dismiss on the grounds that the appeal was not commenced within thirty (30) days of the judgment or final order.

The jurisdictional issue presented is: When a motion for new trial is filed after expiration of the ten day period prescribed by 12 O.S. 1961, § 653, without assertion of any exception contained therein, is the thirty day interval for filing...

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