Hardesty v. Naharkey

Citations

• 213 P. 89
• 88 Okla. 253
• 1923 OK 113
• 1923 Okla. LEXIS 616

Syllabus

<p>(Syllabus.)</p> <p>1. Appeal and Error — Decisions Appealable —Interlocutory Orders — Reference for Accounting.</p> <p>A judgment or order of the- trial court which determines the rights of the parties as to the governing or controlling issues involved, but expressly reserves the finality thereof until the report of the referee therein ordered to take an accounting is acted on by the court, is interlocutory and not appealable.</p> <p>2. Same — Appealable Judgment.</p> <p>When the judgment entry determines issues involving the merits of the action or some part thereof and specifying the relief granted the prevailing party, but reserves for further action an accounting for certain alleged oil lease rentals, and there is nothing therein which postpones its operation until action on the accounting, then such judgment is appealable, under section 5236, Rev. Haws 1910.</p> <p>3. Same — Duty to Make Definite in Trial Court.</p> <p>In causing judgment entry to be made which determines the merits of the action and the main parts thereof under the pleadings on which it is based, but a minor issue of accounting is reserved until the referee reports thereasto, if it is not intended to become such a judgment as to the merits of the action or some part thereof as would make it appealable, it is the duty of the parties and the trial court to see that the language of such judgment clearly shows that it is not final until supplemented by the findings on the accounting feature.</p> <p>4. Same.</p> <p>Although section 5236, Rev. Daws 1910, subd. 3, provides that this court may reverse, vacate, or modify judgments of inferior courts or orders thereof involving the merits of an action or some part thereof, yet it is the better practice that only one appeal be taken in any action, and that from a full and final determination of all the issues involved, and if it is intended that the order, judgment, or decree being entered should be suspended in its operation until the other issue not