Parker v. Elam
Supreme Court of Oklahoma
1Opinion of the Court
KAUGER, Justice.
The issue presented is whether after remand from the Court of Appeals a petition may be amended. We find that: 1) under the facts presented, amendment of the petition is not barred by either the doctrines of judicial estoppel or the law of the case; and 2) pursuant to 12 O.S.Supp.1984 § 2015(C), an amendment arising from conduct outlined in an original pleading relates back to the date of the filing of the pleading sought to be amended. 1
FACTS
On May 28, 1985, the petitioners, Byron D. Parker and Jill D. Parker (collectively, Parker), filed a negligent representation action…
Also in this document: Concurrence.
2Cases cited14 opinions
- Chandler v. DentonSupreme Court of Oklahoma · 1987
- Panama Processes, S.A. v. Cities Service Co.Supreme Court of Oklahoma · 1990
- Messler v. Simmons Gun Specialties, Inc.Supreme Court of Oklahoma · 1984
- Funnell v. JonesSupreme Court of Oklahoma · 1985
- Seymour v. SwartSupreme Court of Oklahoma · 1985
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3Cited by30 opinions
- Russell v. Board of County CommissionersSupreme Court of Oklahoma · 1997
- Salazar v. City of Oklahoma CitySupreme Court of Oklahoma · 1999
- Okland Oil Company v. Conoco Inc.Court of Appeals for the Tenth Circuit · 1998
- Walker v. Group Health Services, Inc.Supreme Court of Oklahoma · 2001
- McGINNITY v. KIRKSupreme Court of Oklahoma · 2015
25 more not listed; retrieve them via the Exa API.