Heirshberg v. Slater

1 Four issues are presented by the petition for certiorari: 1) whether, pursuant to 12 O.S. 1981 ? 655 , notice must be given by the service and return of summons on the party; 2) whether, under Rule 1.11, 12 O.S.Supp. 1986, Ch. 15, App. 2, an appellant may affect a timely appeal by filing a petition in error within thirty days after the trial court resolves a reserved attorney fee issue; 3) whether petitions for new trial filed pursuant to 12 O.S. 1981 ? 655 need be accompanied by an affidavit or contain specific allegations of due diligence; and 4) whether, pursuant to 12 O.S. 1981 ? 655 , a party filing a petition for new trial on grounds of newly discovered evidence is entitled to a hearing prior to dismissal of the petition. We find that: 1) pursuant to 12 O.S. 1981 ? 655 , service may be accomplished by the service and return of summons on the party or by notice to the attorney of record in the original cause; 2) under Rule 1.11, 12 O.S.Supp. 1986, Ch. 15, App. 2, an appellant may affect a timely appeal by filing a petition in error within thirty days of the trial courts denial of a motion for new trial on the merits of a judgment, or he/she may wait until after the trial court resolves a reserved attorney fee issue; 3) petitions for new trial filed pursuant to 12 O.S. 1981 ? 655 need not be accompanied by an affidavit or contain specific allegations of due diligence; and 4) pursuant to 12 O.S. 1981 ? 655 , a party filing a petition for new trial on grounds of newly discovered evidence is entitled to a hearing prior to dismissal of the petition.