Legal Opinion
Kelly v. Abbott
Supreme Court of Oklahoma
Decided September 26, 1989No. 69382PublishedCited by 22 opinions
1Opinion of the Court
ALMA WILSON, Justice:
The disposition of this appeal rests on the construction of 12 O.S.Supp.1988, § 2012(G) and the correct procedural steps which must logically follow. The issues include whether or not a lawsuit which was dismissed for lack of capacity to sue may be amended even though the trial court failed to specify a time within which to amend as the statute requires; whether or not a summons is necessary upon the filing of the amended petition; and whether the appellant was given sufficient time under the statute to answer the amended petition before default judgment was given.
On June…
2Cases cited5 opinions
- Frazier v. Bryan Memorial Hospital AuthoritySupreme Court of Oklahoma · 1989
- Lawrence v. Cleveland County Home Loan AuthoritySupreme Court of Oklahoma · 1981
- Schaeffer v. ShaefferSupreme Court of Oklahoma · 1987
- Wiley Electric, Inc. v. BrantleySupreme Court of Oklahoma · 1988
- American Bank of Oklahoma v. AdamsSupreme Court of Oklahoma · 1973
3Cited by22 opinions
- Fanning v. BrownSupreme Court of Oklahoma · 2004
- Delbrel v. Doenges Bros. Ford, Inc.Supreme Court of Oklahoma · 1996
- Martin v. JohnsonSupreme Court of Oklahoma · 1998
- Douglas v. Cox Retirement Properties, Inc.Supreme Court of Oklahoma · 2013
- Brown v. Founders Bank and Trust Co.Supreme Court of Oklahoma · 1994
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