HUNTER v. ECHOLS

No. 72358.

820 P.2d 450 (1991)

Jerry HUNTER, individually, and Jason Michael Hunter By and Through his father and next friend, Jerry Hunter, Appellants, v. M. Eileen ECHOLS, and Gary W. Rahe, M.D., Appellees.

Supreme Court of Oklahoma.

November 5, 1991.


Attorney(s) appearing for the Case

Mike Millstead, Norman, for appellants.

Rodney C. Ramsey, Oklahoma City, for appellee, M. Eileen Echols.

Robert C. Margo, Oklahoma City, for appellee, Gary W. Rahe, M.D.


KAUGER, Justice.

The issue of first impression presented is whether an amended petition, filed without leave of court or by written consent of the adverse party after a responsive pleading has been served, is a valid pleading. We find that, once a responsive pleading has been served, failure to obtain leave of court or written consent by the adverse party to file an amended petition renders the amendment totally ineffective...

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