Salyer v. National Trailer Convoy, Inc.

ALMA WILSON, Justice,

dissenting:

I dissent to the majority’s dismissal of this appeal. Title 12 O.S. 1981 § 1031.1 authorizes either litigant or the trial court sua sponte to “reconsider”, vacate or modify the December 9, 1982 priority ruling when filed within thirty (30) days of that ruling. Although each successive denial and motion to reconsider narrows each scope of review, it is subject to the review of this Court. To hold otherwise would preclude a litigant’s right to seek vacation or review within thirty (30) days of an alleged erroneous order that is authorized under § 1031.1 since a trial court may sua sponte vacate, reopen or modify the court’s judgment.

This Court would review a trial court vacation of an order sought within thirty (30) days of rendition. There is no authority to dismiss a review of a trial court refusal to vacate or reconsider.