Legal Opinion

COLCLAZIER & ASSOCIATES v. Stephens

Court of Civil Appeals of Oklahoma

Decided June 1, 2012No. 108,591. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 2PublishedCited by 7 opinions

1Opinion of the Court

JOHN F. FISCHER, Chief Judge.

T1 Biscuit Hill Shell Foodmart, a sole proprietorship owned by Rod Goodman, ap peals the denial of its motion to vacate a default judgment entered in a garnishment proceeding instituted by Colelazier & Associates (Law Firm). The summons by which the district court may have acquired jurisdiction in the garnishment proceeding was served more than 180 days after it was issued. However, there has been no determination that good cause existed for the delay. Therefore, we reverse and remand for further proceedings.

BACKGROUND

T2 On December 27, 2004, the Law Firm obtained…

2Cases cited15 opinions

  1. Patel v. OMH Medical Center, Inc.Supreme Court of Oklahoma · 1999
  2. Christian v. GraySupreme Court of Oklahoma · 2003
  3. Hulsey v. Mid-America Preferred Insurance Co.Supreme Court of Oklahoma · 1989
  4. Ferguson Enterprises, Inc. v. H. Webb Enterprises, Inc.Supreme Court of Oklahoma · 2000
  5. Graff v. KellySupreme Court of Oklahoma · 1991

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3Cited by7 opinions

  1. Knight v. Mooring Capital Fund, LLCCourt of Appeals for the Tenth Circuit · 2014
  2. Brown v. K-MAC EnterprisesDistrict Court, N.D. Oklahoma · 2012
  3. THIBAULT v. GARCIACourt of Civil Appeals of Oklahoma · 2017
  4. THIBAULT v. GARCIACourt of Civil Appeals of Oklahoma · 2017
  5. DRYE v. TARGETCourt of Civil Appeals of Oklahoma · 2015

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