McDANELD v. LYNN HICKEY DODGE, INC.

No. 90658.

979 P.2d 252 (1999)

1999 OK 30

Delores Lynn McDANELD a/k/a Dee Lynn McDaneld, Plaintiff/Appellant, v. LYNN HICKEY DODGE, INC., Defendant/Appellee.

Supreme Court of Oklahoma.

April 20, 1999.


Attorney(s) appearing for the Case

Joseph C. Schubert, Oklahoma City, Oklahoma, for appellant.

C. Craig Cole, C. Craig Cole & Associates, Oklahoma City, Oklahoma, for appellee.


OPALA, J.

¶ 1 Certiorari was granted to settle the first-impression question whether a small-claim defendant with a counterclaim in excess of the statutory limit (excess counterclaim) is required to assert it and press for a transfer of the case to another district court docket at the peril of losing the opportunity to bring the counterclaim in a later action. Though we answer in the affirmative, we give today's pronouncement...

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