Legal Opinion
McDaneld v. Lynn Hickey Dodge, Inc.
Supreme Court of Oklahoma
Decided April 20, 1999No. 90658PublishedCited by 49 opinions
1Opinion of the CourtOpala, J.
¶ 1 Certiorari was granted to settle the first-impression question whether a small-claim defendant with a counterclaim in excess of the statutory limit (excess counterclaim) is required to assert it and press for a transfer of the case to another district court docket at the peril of losing the opportunity to bring the counterclaim in a later action. Though we answer in the affirmative, we give today’s pronouncement a purely prospective application.
I
THE ANATOMY OF LITIGATION
¶ 2 This case arises out of a transaction in which Delores McDaneld [McDaneld or buyer] purchased a vehicle from Lynn…
2Cases cited29 opinions
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Armstrong v. ManzoSupreme Court of the United States · 1965
- Peralta v. Heights Medical Center, Inc.Supreme Court of the United States · 1988
- Miller v. MillerSupreme Court of Oklahoma · 1998
- Silver v. SlusherSupreme Court of Oklahoma · 1989
24 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Manley v. BrownSupreme Court of Oklahoma · 1999
- Rogers v. QuikTrip Corp.Supreme Court of Oklahoma · 2010
- Rogers v. Dell Computer Corp.Supreme Court of Oklahoma · 2005
- BP America, Inc. v. State Auto Property & Casualty Insurance Co.Supreme Court of Oklahoma · 2005
- State Ex Rel. Department of Transportation v. LittleSupreme Court of Oklahoma · 2004
44 more not listed; retrieve them via the Exa API.