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AUSTIN v. CURRY

No. 55277.

651 P.2d 1320 (1982)

Georgennia AUSTIN, Appellee, v. Morris S. CURRY, M.D., and Obstetrics and Gynecology, Inc., Appellants.

Supreme Court of Oklahoma.

Rehearing Denied October 26, 1982.

Attorney(s) appearing for the Case

John Wiggins, Oklahoma City, for appellants.

Rex D. Brooks, Oklahoma City, for appellee.

HARGRAVE, Justice.

The question presented by this appeal is whether the trial court may entertain a petition for new trial predicated on subparagraph 9 of 12 O.S. 1971, § 651, impossibility of preparing record on appeal, when the petition is filed more than one year after final judgment in the trial court, but within one year from failure of the appeal for which the record is sought. For the reasons stated below, this question is answered in the negative.

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