Inmate’s surviving spouse brought action against healthcare contractor at county detention facility for wrongful death. Contractor moved to dismiss for failure to state a claim.
The District Court, Creek County, granted motion with leave to amend. Spouse appealed. The Court of Civil Appeals reversed. Contractor’s petition for certiorari was granted.
The Supreme Court held that:
- Order granting motion to dismiss with leave to amend did not become final and appealable when time to amend pleading expired;
- Recasting petition in error as original-jurisdiction petition for writ of prohibition without notice would not prejudice parties;
- Circumstances of case weighed in favor of recasting petition; and
- Contractor was state “employee” under Governmental Tort Claims Act (GTCA).