Legal Opinion
Winterhalder v. Burggraf Restoration, Inc.
Court of Civil Appeals of Oklahoma
Decided February 25, 2011No. 106,868. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 2PublishedCited by 2 opinions
1Opinion of the Court
JOHN F. FISCHER, Judge.
{1 Gale and Carolyn Davis appeal the judgment entered by the district court in favor of Burggraf Restoration, Inc., on the ground that the Davises' claim was barred by previous litigation between these parties. Because it cannot be determined from the record on appeal whether the Davises' claim is barred, we reverse and remand to the district court for further proceedings consistent with this Opinion.
BACKGROUND
( 2 The Davises joined with six other plaintiffs and filed this suit alleging breach of contract, negligence, fraud and home repair fraud against Burggraf.…
2Cases cited32 opinions
- Carmichael v. BellerSupreme Court of Oklahoma · 1996
- Samman v. Multiple Injury Trust FundSupreme Court of Oklahoma · 2001
- Patterson v. BeallSupreme Court of Oklahoma · 2000
- State Ex Rel. Tal v. City of Oklahoma CitySupreme Court of Oklahoma · 2002
- United States v. ParkerSupreme Court of the United States · 1887
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3Cited by2 opinions
- Rebein v. Cornerstone Creek Partners, LLCCourt of Appeals for the Tenth Circuit · 2016
- PENDERGRAFT v. BROOKSCourt of Civil Appeals of Oklahoma · 2021