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HORVAT v. STATE, EX REL. DOC

No. 99,976.

95 P.3d 190 (2004)

2004 OK CIV APP 59

Shawn M. HORVAT, Appellant, v. STATE of Oklahoma, ex rel. the DEPARTMENT OF CORRECTIONS, and State of Oklahoma, ex rel. the Merit Protection Commission, Appellees.

Court of Civil Appeals of Oklahoma, Division No. 2.

April 13, 2004.

Attorney(s) appearing for the Case

Stanley M. Ward, Woodrow K. Glass, Scott F. Brockman, Ward & Glass, LLP, Norman, OK, for Appellant.

Honorable Drew Edmondson, Attorney General, William F. O'Brien, Assistant Attorney General, Oklahoma City, OK, for Appellee Oklahoma Merit Protection Commission.

Michael T. Oakley, Assistant General Counsel, Oklahoma City, OK, for Appellee Oklahoma Department of Corrections.

Released for Publication by Order of the Supreme Court of Oklahoma.

TOM COLBERT, Chief Judge.

¶ 1 Shawn M. Horvat, an employee of the Department of Corrections (DOC), appeals from a summary judgment in favor of DOC and the Merit Protection Commission (MPC). The issue on appeal is whether MPC's rule that an appeal is filed on the day it is received rather than on the day it is mailed violates Oklahoma's Constitution. We conclude that it does and reverse...

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