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TOWNE v. HUBBARD

No. 92412.

3 P.3d 154 (2000)

2000 OK 30

Fern Alice TOWNE, Petitioner-Appellant, v. Carol Ann HUBBARD, Honorable Judge of the District Court, Oklahoma County, 7th Judicial District, Respondent, v. Cindy Munkres and Gerald E. Kelley, Appellees. In the Matter of the Guardianship of Fern Alice Towne.

Supreme Court of Oklahoma.

April 18, 2000.

Attorney(s) appearing for the Case

Harley E. Venters, Venters & Venters, Oklahoma City, Oklahoma, and Val R. Miller, Oklahoma City, Oklahoma, for Appellant, Fern Alice Towne.

Joe S. Rolston, III, Rolston & Hamill, Oklahoma City, Oklahoma, for Appellee, Cindy Munkres.

Gerald E. Kelley, Kelley & Kelley, P.C., Oklahoma City, Oklahoma, Court-Appointed Counsel for Fern Alice Towne.

OPALA, J.

¶ 1 The dispositive question on this appeal is whether the trial court's inquiry, which resulted in the removal of Towne's retained counsel and his replacement by a court-appointed legal practitioner, complied with the requirements of due process of law. We answer in the negative.

I

ANATOMY OF LITIGATION

¶ 2 Cindy Munkres ("Munkres") filed a petition in the District Court, Oklahoma...

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