Dowling v. Prado Verde Ranch, Inc.

OPINION

WATT, V.C.J.,

¶ 1 The sole issue before us is whether the Court of Civil Appeals holding that defendants, the two Prado Verde Ranch entities and Jerome Willis, had waived appellate review of three requested instructions relating to the statute of frauds because defendants had violated Rule 1.11(e)(1),1 Oklahoma Supreme Court Rules, by failing to set out those instructions "in totidem verbis" in their brief? We hold that defendants did not waive appellate review of those instructions under the circumstances presented by this appeal.

¶ 2 The relevant facts are few. The trial court refused…