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Thomas v. BMW
Citations: 2006 OK CIV APP 93; 175 P.3d 956; 2006 Okla. Civ. App. LEXIS 61; 2006 WL 2434449Docket: 100,559
Court: Court of Civil Appeals of Oklahoma; August 18, 2006; Oklahoma; State Appellate Court
Gerri Dawn Thomas and Alex Nichole Thomas, represented by Jay Thomas, filed a Petition for Rehearing after their case against Bayerische Motoren Werke Aktiengesellschaft (BMW AG), BMW of North America, and Jackie Cooper Imports, Inc. The defendants filed a Motion to Dismiss the petition as untimely, noting it was submitted 21 days post-opinion issuance. The appellants acknowledged the delay, attributing it to a miscalculation, and requested permission to file out of time, citing a precedent that deemed the filing period non-jurisdictional. The court affirmed that the timeline for rehearing petitions is not jurisdictional based on previous case law (Special Indemnity Fund v. Washburn), which allowed for extensions under older rules. However, it noted that new Supreme Court rules now require petitions for rehearing to be filed within 20 days and strictly limit extensions to those sought within this period, requiring a showing of extraordinary cause. The court expressed understanding of the situation but concluded that granting the appellants' request would violate the new rules. Therefore, the court denied both the request for an extension and the petition for rehearing as untimely, reinforcing the necessity of adhering to the established filing deadlines.