Morford v. Eberly & Meade, Inc.

OPINION

HUNTER, Presiding Judge:

Appellant appeals the trial court’s order granting Appellees’ motion to dismiss for failure to state a claim for which relief can be granted. The trial court errs in granting such a motion “unless the allegations indicate beyond any doubt that the litigant can prove no set of facts which would entitle him to relief.” (emphases in original). Frazier v. Bryan Memorial Hosp. Authority, 775 P.2d 281, 287 (Okl.1989). On review, the appellate court presumes all allegations of the petition are true. If the assumed facts establish a prima facie case, “the order…