Barnett v. Simmons

WATT, J., with whom OPALA, J.

joins, dissenting:

T1 I dissent for the reasons expressed in the dissent to the Court of Civil Appeals opinion, 11 38 providing:

"When there is no motion for sanctions pending and a plaintiff dismisses his claims the trial court loses jurisdiction to act further in the matter. General Motors Acceptance Corp. v. Carpenter, 1978 OK 39, 576 P.2d 1166, 1168; Elliott v. McCaleb, 2006 OK CIV APP 87, 139 P.3d 253, 255-256; McCully v. Wil-Mc Oil Co. 1994 OK CIV APP 111, 879 P.2d 150, 153." [Footnotes omitted.]