Legal Opinion

Moses v. Hoebel

Supreme Court of Oklahoma

Decided February 22, 1982No. 55395PublishedCited by 77 opinions

1Opinion of the Court

OPALA, Justice:

The issue presented is whether the plaintiff — who had voluntarily dismissed a case — may be enjoined from prosecuting the subsequently refiled action until he has satisfied court-imposed liability to pay legal expenses occasioned by his vexatious termination of the earlier case. We hold that an order which so enjoins the plaintiff offends Art. 2 § 6, OkLConst. and the XIVth Amend., U.S.Const. in that it constitutes an impermissible “sale of justice” and a bar to “open court” access for redress.

Donald Moses [Moses] sought damages from a motorist for personal injuries in a 1976…

2Cases cited21 opinions

  1. Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
  2. Boddie v. ConnecticutSupreme Court of the United States · 1971
  3. Roadway Express, Inc. v. PiperSupreme Court of the United States · 1980
  4. Hovey v. ElliottSupreme Court of the United States · 1897
  5. City National Bank & Trust Co. of Oklahoma City v. OwensSupreme Court of Oklahoma · 1977

16 more not listed; retrieve them via the Exa API.

3Cited by77 opinions

  1. Chamberlin v. ChamberlinSupreme Court of Oklahoma · 1986
  2. Gaylord Entertainment Co. v. ThompsonSupreme Court of Oklahoma · 1998
  3. Brock v. ThompsonSupreme Court of Oklahoma · 1997
  4. Zeier v. Zimmer, Inc.Supreme Court of Oklahoma · 2006
  5. Finnell v. SeismicSupreme Court of Oklahoma · 2003

72 more not listed; retrieve them via the Exa API.

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