Legal Opinion

CITIFINANCIAL MORTG. CO., INC. v. Carey

Court of Civil Appeals of Oklahoma

Decided February 10, 2012No. 109,595. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 1Published

1Opinion of the Court

KENNETH L. BUETTUTNER, Presiding Judge.

{1 Appellants/Defendants Ricky and Rhlonda Carey (the Careys) appeal from summary judgment granted in favor of Ap-pellee/Plaintiff CitiFinancial Mortgage Co., Inc. (Citi) in a mortgage foreclosure action. The judge originally assigned the case did not memorialize his oral order granting summary judgment before he retired. The successor judge has no authority to enter judgment based on a predecessor's oral order when there is no record evidence that the predecessor actually ruled on the motion. Therefore, we reverse and remand for further proceedings.

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2Cases cited4 opinions

  1. City of Clinton Ex Rel. Richardson v. KeenSupreme Court of Oklahoma · 1943
  2. Power v. SullivanCourt of Civil Appeals of Oklahoma · 1993
  3. National Recovery System v. ZemnovitchAppellate Division of the Supreme Court of the State of New York · 1998
  4. In re Marriage of ZanderAppellate Court of Illinois · 1995

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