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ELLIOTT v. McCALEB

No. 102,413.

139 P.3d 253 (2006)

2006 OK CIV APP 87

Robert ELLIOTT and Kathy Elliott, Plaintiffs/Appellees, v. Caleb McCALEB, McCaleb Homes, Inc., and McCaleb Land & Development, LLC, Defendants/Appellants.

Court of Civil Appeals of Oklahoma, Division No. 2.

June 20, 2006.

Attorney(s) appearing for the Case

W.R. Cathcart, Virginia Cathcart Holleman, Scott D. Caldwell, Cathcart & Dooley, Oklahoma City, OK, for Plaintiffs/Appellees.

James E. Britton, Andrew D. Schwartz, Britton, Ramsey and Gray, P.C., Oklahoma City, OK, for Defendants/Appellants.

Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 2.

JANE P. WISEMAN, Presiding Judge.

¶ 1 This appeal arises from the trial court's refusal to address the motion for summary judgment of Defendants Caleb McCaleb, McCaleb Homes, Inc., and McCaleb Land and Development, LLC (collectively, McCalebs), filed after the trial court's dismissal of the case without prejudice for...

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