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MOTT v. CARLSON

No. 69442.

786 P.2d 1247 (1990)

Robert M. MOTT, Appellant, v. James W. CARLSON, M.D., and James W. Carlson, M.D., Inc., a professional corporation, Appellees.

Supreme Court of Oklahoma.

February 6, 1990.

Attorney(s) appearing for the Case

Thomas A. Wallace, Oklahoma City, for appellant.

Calvin W. Hendrickson, Russell L. Hendrickson, Oklahoma City, for appellees.

SUMMERS, Justice.

In this suit for malpractice against a physician and his professional corporation two issues require our resolution. One involves interpretation of 12 O.S.Supp. 1986, § 2004(I), Oklahoma's statute fixing the time within which a summons may be served on a defendant. The second involves 12 O.S.Supp. 1986, Ch. 2, App., Rules For District Courts, Rule 4(h), allowing a trial court to decide motions without a hearing. The trial court's order dismissed...

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