Legal Opinion

Don Huddleston Construction Co. v. United Bank & Trust Co. of Norman

Court of Civil Appeals of Oklahoma

Decided November 15, 1996No. 86113PublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM OPINION

CARL B. JONES, Presiding Judge:

The dispositive issue in this appeal is whether the one year “savings” period of 12 O.S. 1991 § 100 is tolled by the automatic stay imposed by the filing of a petition in bankruptcy. Following a non-jury trial, the trial court found § 100 was not tolled by the bankruptcy and found Plaintiffs’/Appellants’ claims to be barred as being outside the one year refiling period of § 100. Appellants’ action was ordered dismissed. A Motion for New Trial was denied and this appeal resulted.

For purposes of this appeal, the facts are not in dispute.…

2Cases cited14 opinions

  1. In Re Joan Morton, Debtor. Joan Morton v. National Bank of New York CityCourt of Appeals for the Second Circuit · 1989
  2. Matter of Estate of SpeakeSupreme Court of Oklahoma · 1987
  3. Ross v. Kelsey Hayes, Inc.Supreme Court of Oklahoma · 1991
  4. Rucks-Brandt Construction Corp. v. SilverSupreme Court of Oklahoma · 1944
  5. Dearing v. State ex rel. Commissioners of the Land OfficeSupreme Court of Oklahoma · 1991

9 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Hazel v. Van BeekWashington Supreme Court · 1998
  2. Hazel v. Van BeekWashington Supreme Court · 1998
  3. Eastom v. City of TulsaCourt of Appeals for the Tenth Circuit · 2015
  4. 3M Dozer Service, Inc. v. BakerSupreme Court of Oklahoma · 2006
  5. Watson v. EstleCourt of Civil Appeals of Oklahoma · 1998

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