*1 delay rentals on appellees.
Appellant’s final for reversal is that the trial court erred in on the granting judgment pleadings material issues of fact were unresolved. Specifically, ap- pellant the issue in alleges is whether the lease was dispute subject forfeiture due to failure to drill and appellees’ However, develop the non-unitized the failure to acreage. drill and develop waived when the asserted appellant positively in its Motion for Summary Judgment:
“That there is no genuine issue as to any material fact and that Plaintiff is entitled to a [appellant] judgment as a matter of law.”
Affirmed. Amos
George SCOTT STATE
Steve Atty. respondent. Gen., for pleaded George Amos Petitioner Scott Per Curiam. petition pro subsequently
guilty to filed a se and 1982 petition plea pursuant Rule to A.R.Cr.P. 37. vacate that appeal 7, 1982,and no was taken. on December was denied sought petition petitioner 1983, to file a for writ In June, be that the trial court with this Court mandamus petition. He that was informed to act on his Rule directed petition on December the trial court had denied Now some six months later 1982. petitioner appeal seeksa belated petition grounds was order on the that his of the circuit court hearing not notified of the without a and that he was denied court’s action. appeal
Petitioner is not entitled to a belated petition hearing. a The circuit Rule court was denied without may petition postconviction without a a for relief hearing petition of the case if the and files and records conclusively prisoner is entitled to no relief. show that the 37.3(a). appeal a based
Petitioner is not entitled to belated also allegation that he received no notice on an unsubstantiated of the court’s petitioner appeal ruling. A has petition a relief. Rule (cid:127)adverse right, goes responsibility however, 37.3(b). that With timely file a notice of makes appeal. Petitioner the bare order, that he was allegation not notified the trial court’s but note six petitioner we that waited months from the time he to file a sought mandamus action and was told that petition had been denied before his motion filing for belated He no gives support allegation not notified of his denial but more petition, he offers importantly, good no cause for further delay six months before the motion for belated was filed. At some time the opportunity remedies pursue must end. As petitioner has not that there was demonstrated act, any reasonable basis for his failure to the motion for belated appeal denied. did
Although not establish his *3 case, belated under the facts of this points motion need up the to revise Rules the of Criminal Procedure provide for prompt, consistent notice to when a petitioners is made on a petition relief. Accordingly, is amended this 37.3 date that a require the copy of court’s order be mailed to promptly the petitioner.
Motion denied.
Purtle, J., dissents. Purtle, I. Justice, agree I with the dissenting. John rule; however, action taken to amend the I strongly disagree with majority the opinion denying petitioner belated appeal. majority rely particular facts case, this case to petition. The of this it seems to fact me, is that petitioner waited too long before appeal.
Petitioner had no been way knowing request had denied. No I notice sent to him. have no trouble at all understanding that an inmate department corrections does not have opportunity inspect courthouse records to find out if his petition has been ruled upon. The workload of our trial courts is so this heavy type of motion often months goes many being before ruled is entitled wrong or Whether upon. his have us hear AT ALMA BANK
COMMERCIAL A. HALES d/b/a JOHNSON-HALES James
LIVESTOCK COMMISSION 665 S.W.2d 83-248 Court Supreme 27, 1984 February delivered April
[Rehearingdenied 1984.] *4 Ledbetter, for appellant. Shaw ir West, Core, Thomas A. ir Canfield, Daily, Coffman Daily, appellee. The appellant, Richard B. Chief Justice. Adkisson, bank, Alma, instituted Bank at hereinafter Commercial Hales, A. hereinafter against this action appellee, James auctioneer, by conversion claiming that he had committed