STITES v. DUIT CONST. CO., INC.

No. 79337.

903 P.2d 293 (1995)

Edmond E. STITES, Plaintiff-Appellant, v. DUIT CONSTRUCTION COMPANY, INC., Defendant-Appellee.

Supreme Court of Oklahoma.

Rehearing Denied September 20, 1995.


Attorney(s) appearing for the Case

Harry Scoufos, Sallisaw, for appellant.

D. Stuart Basham, Oklahoma City, William K. Orendorff's Sallisaw, for appellee.


OPALA, Justice.

Three issues are dispositive of appellant's certiorari quest for corrective relief: (1) Did the trial court's jurisdiction end at either the satisfaction-of-judgment stage or at the point plaintiff dismissed the action? (2) Did the trial court in the exercise of its vacation power have ancillary cognizance to entertain defendant's restitutionary counterclaim? and (3) Should this appeal be dismissed as untimely...

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