CREST INFINITI, II, LP v. SWINTON

No. 104,884.

174 P.3d 996 (2007)

2007 OK 77

CREST INFINITI II, LP, d/b/a Crest Infiniti, Crest Infiniti/Cadillac/Olds Isuzu; Crest Auto Group, Van Enterprises, and VT, Inc., Petitioners, v. Honorable Barbara G. SWINTON, District Judge of the 7th Judicial District Court Oklahoma County, Respondent.

Supreme Court of Oklahoma.

As Corrected October 10 and October 17, 2007.


Attorney(s) appearing for the Case

Paul A. Bezney, Tracy L. Stoker, Adkerson, Hauder & Bezney, P.C., Dallas, TX, for Petitioners Crest Infiniti II L.P. d/b/a Crest Infiniti; Crest Infiniti/Cadillac/Olds Isuzu, and Crest Auto Group; Van Enterprises; and VT, Inc.

Derrick Teague, Jeffrey W. Miller, Jennings, Cook & Teague, Oklahoma City, OK, for Petitioners Crest Infiniti II L.P. d/b/a Crest Infiniti; Crest Infiniti/Cadillac/Olds Isuzu, and Crest Auto Group; Van Enterprises; and VT, Inc.

Steven E. Holden, Michael L. Carr, S. Travis Dunn, Holden Carr & Skeens, Tulsa, OK, for Petitioners Crest Infiniti II L.P. d/b/a Crest Infiniti; Crest Infiniti/Cadillac/Olds Isuzu, and Crest Auto Group.

J. Logan Johnson, E. Edd Pritchett, Jr., Katherine T. Loy, Durbin, Larimore & Bialick, Oklahoma City, OK, for Real Party in Interest, Brent Edward Sykes, individually, and as personal representative of the estate of Traci Renae Sykes.

Ed Abel, Lynn B. Mares, Kelly S. Bishop, Abel Law Firm, Oklahoma City, OK, for Real Parties in Interest, Rodney Eischen & Shannon Eischen.1


EDMONDSON, V.C.J.

¶ 1 Petitioners seek extraordinary relief because the order of the trial court requires the attendance of Cecil Van Tuyl and Larry Van Tuyl for depositions via notice to petitioners' counsel, although the named individuals are not named parties. Cecil was noticed to appear in Overland Park, Kansas, and Larry in Phoenix, Arizona. The notices are directed to the named petitioners and specify the named...

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