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HOPKINS v. WEST

No. 105,428. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 2.

229 P.3d 560 (2009)

2009 OK CIV APP 104

Jack HOPKINS, Plaintiff/Appellant, v. Willie WEST, Defendant/Appellee.

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

October 29, 2009.

Attorney(s) appearing for the Case

Stephen J. Modovsky, Kameran R. Ritzhaupt, Sidney A. Martin II, Lori K. Rogers, Modovsky Law Office, P.C., Tulsa, OK, for Plaintiff/Appellant.

Roger R. Williams, Tulsa, OK, for Defendant/Appellee.

JANE P. WISEMAN, Vice Chief Judge.

¶ 1 Jack Hopkins (Hopkins) appeals from orders of the trial court sustaining Willie West's (West) demurrer and overruling Hopkins' motion for new trial. The issues on appeal are whether the trial court (1) erred in sustaining the demurrer, or (2) abused its discretion when it overruled the motion for new trial. After reviewing the record on appeal and applicable law, we find that the trial court erred in sustaining the demurrer...

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