KELLY v. ABBOTT

No. 69382.

781 P.2d 1188 (1989)

Robert P. KELLY, Special Administrator of the Estate of C.E. Bray, Deceased, Appellee, v. Jo ABBOTT, Appellant.

Supreme Court of Oklahoma.

September 26, 1989.


Attorney(s) appearing for the Case

Robert P. Kelly, Kelly & Gambill, Pawhuska, for appellee.

Steven L. Sessinghaus, Tulsa, for appellant.


ALMA WILSON, Justice:

The disposition of this appeal rests on the construction of 12 O.S.Supp. 1988, § 2012(G) and the correct procedural steps which must logically follow. The issues include whether or not a lawsuit which was dismissed for lack of capacity to sue may be amended even though the trial court failed to specify a time within which to amend as the statute requires; whether or not a summons is necessary upon...

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