Filed: Dec. 14, 2015
Latest Update: Dec. 14, 2015
Summary: OPINION WATT , J. : 1 The order on appeal which Defendant/Appellant Kris Agrawal seeks to address was entered by District Judge Barbara Swinton, District Court of Oklahoma County, on October 11, 2013, case number CV-2010-1171. The court ordered a stay on the collection of the judgment and required the Defendants to post a supersedeas bond within thirty days. No bond was ever posted. Other orders have been entered in this matter regarding stays, collections and the posting of supersedeas b
Summary: OPINION WATT , J. : 1 The order on appeal which Defendant/Appellant Kris Agrawal seeks to address was entered by District Judge Barbara Swinton, District Court of Oklahoma County, on October 11, 2013, case number CV-2010-1171. The court ordered a stay on the collection of the judgment and required the Defendants to post a supersedeas bond within thirty days. No bond was ever posted. Other orders have been entered in this matter regarding stays, collections and the posting of supersedeas bo..
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OPINION
WATT, J.:
¶ 1 The order on appeal which Defendant/Appellant Kris Agrawal seeks to address was entered by District Judge Barbara Swinton, District Court of Oklahoma County, on October 11, 2013, case number CV-2010-1171. The court ordered a stay on the collection of the judgment and required the Defendants to post a supersedeas bond within thirty days. No bond was ever posted. Other orders have been entered in this matter regarding stays, collections and the posting of supersedeas bonds.1
¶ 2 Holland sought to collect on his judgment, which was granted in the Administrative Order of Determination on February 3, 2009, in the Oklahoma Department of Labor (ODOL) by Labor Compliance Officer Debra Metheny, and affirmed by the ODOL in its Final Agency Determination, filed on March 17, 2010. The Final Agency Determination was affirmed by the district court on appeal on September 10, 2012, and Appellant's motion for new trial was overruled on May 3, 2013. As noted above, no supersedeas bond was issued to stay the judgment.
¶ 3 On January 8, 2014, Plaintiff/Appellee Holland brought an Application for Original Jurisdiction in this Court, Case Number 112,462, seeking a writ of mandamus to Judge Swinton, attaching an order dated November 22, 2013.2 The order granted Appellant's motion for rehearing and ordered a stay without bond. On March 4, 2014, this Court entered the following order in case number 112,462:
Petitioner's application to assume original jurisdiction is granted. Let the writ of mandamus issue directing the respondent, the Honorable Barbara G. Swinton, District Judge, in and for Oklahoma County, to lift the stay of execution. A stay pending appeal to this Court, of a decision of the district court affirming a final administrative order issued in a wage claim proceeding pursuant to 40 O.S. § 165.7, is governed by the provisions of 75 O.S. § 323 and § 12 O.S. 990.4. All other requested relief is denied. The "Counter Application" filed by Kris K. Agrawal is denied.
¶ 4 This Court's March 4, 2014 order therefore held that the appeal in this case was subject to the same rules which are required for appeals "to the Supreme Court from the district court in civil actions" under 75 O.S. § 323, thus requiring the filing of a supersedeas bond under 12 O.S.2011 § 990.4(A). No supersedeas bond was ever filed, although the collection of the judgment was ordered stayed by the district court.
¶ 5 Appellant has raised numerous issues in his petition in error which appear to address the merits of his case which were resolved at the time the judgment became final. There is little, if any, connection between those allegations and the collection of this judgment or his requirement to post a bond which is the subject of the order he has appealed.3
¶ 6 We find the order entered by this Court on March 4, 2014, has superseded the judgment on appeal in this case, number 112,316. We, therefore, declare this appeal to be moot, and it is dismissed.
¶ 7 APPEAL DISMISSED.
REIF, C.J., COMBS, V.C.J., WATT, WINCHESTER, EDMONDSON, TAYLOR, COLBERT, GURICH, JJ. — CONCUR.
KAUGER, J. — NOT PARTICIPATING.
