Opinion
No. 34797.
December 19, 1950. Rehearing Denied January 30, 1951.
(Syllabus.)
1. APPEAL AND ERROR — Trial court not authorized to extend time for appeal, where no order made within three months from rendition of judgment extending time to file appeal in this court. 12 O.S. 1941 § 972[ 12-972], as amended, S.L. 1949, p. 97, § 1, 12 O.S.A. Supp., § 972, provides that appeals must be taken within three months from the rendition of the judgment or final order complained of, but that the trial court in its discretion may extend the time for not to exceed six months. Under the provisions of this amendment, where no order is made by the trial court within three months from the rendition of the judgment or final order complained of, extending the time within which to file an appeal in this court, such judgment becomes final, and the trial court is thereafter without jurisdiction to extend the time within which to file such appeal.
2. SAME — Order of trial court extending time to make and serve case-made beyond statutory time for appeal does not extend time to appeal. An order made by the trial court, extending the time within which to make and serve case-made beyond the statutory time within which an appeal is required to be effected, does not extend the time to appeal.
Appeal from District Court, Latimer County; Clyde M. Followell, Judge.
Motion of defendant in error, Ray R. Sheets, guardian, to dismiss appeal for the reason that the same was not filed within the time allowed by law. Motion sustained and appeal dismissed.
W.S. Horton and W.J. Hulsey, McAlester, for plaintiffs in error.
Anglin, Stevenson Huser, Holdenville, for defendant in error.
A motion to dismiss the appeal in this case has been filed by defendant in error. The facts involved and the questions presented are similar to those involved and presented in Adams v. Hobbs, 204 Okla. 85, 226 P.2d 913. In the instant case judgment was rendered on April 5, 1950, and the order overruling motion for new trial was made on April 26, 1950. No order extending the time within which to file the appeal was made within the three months period commencing April 26, 1950, but on August 29, 1950, the trial court made an order attempting to extend the time within which to file the appeal. Under authority of Adams v. Hobbs, above referred to, the trial court was without authority to make such order at the time he attempted to make it, and it did not serve to extend the time within which to file the appeal.
The motion to dismiss the appeal is sustained and the appeal dismissed.
DAVISON, C.J., ARNOLD, V.C.J., and CORN, GIBSON, HALLEY, JOHNSON, and O'NEAL, JJ., concur.