Legal Opinion
MIF Realty L.P. v. Duncan Development Co.
Court of Civil Appeals of Oklahoma
Decided February 21, 1995No. 84239PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OPINION
CARL B. JONES, Judge:
This interlocutory appeal challenges the appointment of a receiver pendente lite in a mortgage foreclosure action. We believe the trial court erred and we remand with instructions.
Appellee/PlaintiffiMortgagee filed an application for the appointment of a receiver contemporaneously with the filing of its foreclosure petition. Its basis for seeking the *666appointment of a receiver was a provision in the mortgage which provided that immediately upon the filing of a foreclosure petition the mortgagee would be entitled to have a receiver appointed.1 Appellee…
2Cases cited6 opinions
- Shepard v. Farmers Ins. Co., Inc.Supreme Court of Oklahoma · 1983
- Johnston v. J. R. Watkins Co.Supreme Court of Oklahoma · 1945
- Jacobs v. Real Estate Mortg. Trust Co.Supreme Court of Oklahoma · 1926
- Stovall Et Ux. v. EdwardsSupreme Court of Oklahoma · 1944
- R. W. Hart & Co. v. HarrisSupreme Court of Oklahoma · 1938
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- H.A. Sand Springs, LLC v. Lakeside Care Center, LLCCourt of Civil Appeals of Oklahoma · 2011
- TRUETT v. FREEDOM LEAFCourt of Civil Appeals of Oklahoma · 2021
- Bank of Hays v. CSR Worldwide OK, Inc.District Court, E.D. Oklahoma · 2024