CLARK v. FRAGOMENI

No. 103,291. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 4.

217 P.3d 633 (2006)

2006 OK CIV APP 111

David CLARK and Jo Ann Clark, Trustees of the David Clark and Jo Ann Clark Revocable Trust Dated the 25th Day of September, 2003, Plaintiffs/Appellants, v. Bruno Marco FRAGOMENI and Jane Doe, his spouse, if married, and Occupants of the Premises, Defendants/Appellees.

Court of Civil Appeals of Oklahoma, Division No. 4.

August 8, 2006.


Attorney(s) appearing for the Case

Stephen J. Scherer, Muskogee, OK, for Plaintiffs/Appellants.

Jerry D. Lundy, The Lundy Law Firm, PLLC, Tulsa, OK, for Defendants/Appellees.


Opinion by DOUG GABBARD II, Presiding Judge.

¶ 1 Plaintiffs, David Clark and Jo Ann Clark, as Trustees of The David Clark and Jo Ann Clark Revocable Trust Dated the 25th Day of September, 2003, appeal an order of summary judgment granted in favor of Defendant, Bruno Marco Fragomeni. For the following reasons, we affirm as modified and remand with directions.

FACTS

¶ 2 This case involves a dispute...

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