Supreme Court of Oklahoma
E. H. Short, Jr., Plaintiff in Error v. Melvina P. Hale, Mary Sue Davis, and Robert W. Raynolds, Co-Executors Of…
March 23, 19651965 Okla. LEXIS 308
Summary
The court dismissed the purported appeal because the certified transcript filed with the petition in error affirmatively showed that it omitted parts of the record proper. The omission could not be cured after the three-month statutory period for commencing a transcript appeal, and the proceeding could not be treated as an appeal by another method. No separate opinions were filed.
Holding
- Perfection of an appeal by certified transcript. An appeal by certified transcript is not perfected unless the petition in error is filed within the statutory period together with a clerk-authenticated transcript containing the entire record proper. A transcript that affirmatively shows it is incomplete is ineffective and presents nothing for review.
- Post-deadline correction and alternative appellate treatment. The statutory authority to correct the record permits correction of matters already included in a complete and timely certified transcript; it does not permit late supplementation of omissions that prevented timely perfection of appellate jurisdiction. The proceeding could not be converted into an appeal on the original record or by case made because the respective filing requirements were not met.
Docket 41234