Legal Opinion

Miller v. State ex rel. Department of Human Services

Court of Civil Appeals of Oklahoma

Decided April 12, 1994No. 82633PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OPINION

JONES, Presiding Judge:

This appeal comes before this court on Appellants’ brief only. We recognize that generally, where no answer brief is filed, and the omission is unexcused, the appellate courts are under no duty to search the record for some theory to sustain the trial court’s judgment, and on appeal, will ordinarily, where the brief in chief is reasonably supportive of the allegations of error, reverse the judgment and remand for further proceedings. See, e.g., Sneed v. Sneed, 585 P.2d 1363 (Okla.1978); Harvey v. Hall, 471 P.2d 911 (Okla.1970). However, it is equally…

2Cases cited9 opinions

  1. Prince v. MassachusettsSupreme Court of the United States · 1944
  2. Hamid v. Sew OriginalSupreme Court of Oklahoma · 1982
  3. Sneed v. SneedSupreme Court of Oklahoma · 1978
  4. Matter of Christina T.Supreme Court of Oklahoma · 1979
  5. York v. HalleySupreme Court of Oklahoma · 1975

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3Cited by1 opinion

  1. COOK v. MCGRAW DAVISSON STEWARTCourt of Civil Appeals of Oklahoma · 2021

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