MOSES v. HOEBEL

No. 55395.

646 P.2d 601 (1982)

Donald MOSES, Petitioner, v. Honorable Patricia M. HOEBEL, District Judge, Tulsa County, State of Oklahoma, Respondent.

Supreme Court of Oklahoma.

As Corrected February 22, 1982.


Attorney(s) appearing for the Case

John Michael Johnston, William W. Gorden, Oklahoma City, for petitioner.

Richard D. Gibbon, Brad Smith, Gibbon, Gladd, Taylor, Smith & Hickman, Tulsa, for respondent.


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, Okl.Const. and the XIVth Amend., U.S...

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