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STEVENS v. BLEVINS

No. 84473.

890 P.2d 936 (1995)

Michael W. STEVENS and Donna Stevens, Petitioners, v. The Honorable James B. BLEVINS, Judge of the District Court in and for Oklahoma County, State of Oklahoma, and A-1 Lawn Mower Shop, Inc., an Oklahoma Corporation; Brister's Thunder Karts, Inc., a Louisiana Corporation; Joel Lowes, Debbie Lowes, Gregory Tasso and Joetta Tasso, individually and d/b/a Fun Park Recreation, Respondents.

Supreme Court of Oklahoma.

As Corrected February 15, 1995.

Attorney(s) appearing for the Case

Larry A. Tawwater, Jo L. Slama, Terry T. Wiens, Oklahoma City, for petitioners.

Burton J. Johnson, Katresa J. Riffel, Oklahoma City, for respondent, Brister's Thunder Karts, Inc.

Paul Middleton, Oklahoma City, for respondent, A-1 Lawn Mower Shop, Inc.

Tim N. Cheek, Oklahoma City, for respondents, Joel Lowes, Debbie Lowes, Gregory Tasso and Joetta Tasso, Individually and d/b/a Fun Park Recreation.

KAUGER, Vice Chief Justice.

The first impression question presented is whether, absent a request from the parties, a trial court may sua sponte transfer to another forum an action whose venue is proper. We find that it may not.

FACTS

While Michael Stevens (Stevens) was gocart riding on May 3, 1993, at the Fun Park Recreation center (the recreation center) in Kingfisher, Oklahoma, he was injured when...

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