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Boston v. Buchanan12/23/2003
f the statute of limitations turns a dismissal without prejudice into a dismissal with prejudice, the trial court must take an especially hard look at the actual circumstances of the case before it." Id. 731 P.2d at 78. Further, what we said in Beck v. Jarrett, supra, is equally applicable in addressing this argument. Thus, when the substance of a trial court disposition-docket dismissal of a claim at issue will have the necessary result of barring a merits adjudication upon that claim's refiling, the trial court should take a hard look at the circumstances before it. Circumstances which would support a finding of lack of "good cause" and dismissal without prejudice might well not support such a finding when the dismissal is terminal due to ยง 100.
Plaintiffs state on certiorari that the circumstances provided the trial court with good cause for not dismissing the action. They argued that their illnesses prevented a more active prosecution of the case. Defendants disputed this. However, we conclude that the appellate record is insufficient to review this ground.
The certified docket sheet for the trial court proceeding does not show any filed response by Plaintiffs to the notice to show cause other than the motion to enter. The appellate record does not contain a transcript of the hearing held on the court's dismissal. The appellate record contains a Narrative Statement by Plaintiffs, a Response to Plaintiffs' Narrative Statement authored by Defendants, and the trial court's order in response to these two filings.
This Court's rules provide for a narrative statement in lieu of a transcript (Okla.Sup.Ct.R. 1.30), and a statement in lieu of a record on appeal (Okla.Sup.Ct.R. 1.31.). Plaintiffs' statement states that it is submitted pursuant to Rule 1.30 and is in lieu of a transcript. Rule 1.30 is derived from former Rule 1.22 of the Rules of Appellate Procedure in Civil Cases, 12 O.S.1991 Ch. 15, app. 2. We explained Rule 1.22 in Cox v. Smith, 1984 OK 34, 682 P.2d 228. The statement must be timely filed, state reliance upon the rule, and inform the other parties of an opportunity to object and consequences of not objecting. The trial judge settles and approves the statement and objections, and signs the narrative statement submitted to the Supreme Court. Id. 682 P.2d at 231 - 232. These requirements appear in present Rule 1.30.
In the case today, Plaintiffs' narrative makes statements of fact relating to particular medical problems of Plaintiffs. One of Plaintiffs' lawyers signed the attached affidavit stating that the statement was true and correct to the best of her knowledge and belief. Defendants' objected with statements that no admissible evidence was introduced at the hearing on the nature and extent of Plaintiffs' medical problems. Defendants further stated that Plaintiffs' counsel did make some statements regarding health problems of Plaintiffs at the hearing, but that no evidence was presented on the issue of whether the health problems were of such a nature to prevent either Plaintiffs or their counsel from proceeding with the case.
The judge filed a separate statement stating that "she could not recall exactly, but did not believe she had as much detail regarding Plaintiffs' medical conditions as what was contained in Plaintiffs' Narrative Statement." The judge-authored statement then states that therefore both Plaintiffs' and Defendants' statements are to be submitted on appeal. The judge-signed statement appears to incorporate therein both the proposed statement by Plaintiffs and the objections by Defendants.
What were the medical conditions of Plaintiffs? Did Plaintiffs' produce facts on their medical conditions to th
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