WILLIS v. SEQUOYAH HOUSE, INC.

No. 104,210.

194 P.3d 1285 (2008)

2008 OK 87

Doris WILLIS and Jennie Richardson, next of kin of Gatha Elizabeth Cheek, deceased, Plaintiffs/Appellants v. SEQUOYAH HOUSE, INC., d/b/a Sequoyah Manor, Defendant/Appellee.

Supreme Court of Oklahoma.

September 23, 2008.


Attorney(s) appearing for the Case

Glen Mullins, Durbin, Larimore & Bialick, Oklahoma City, OK, for Appellants.

Millicent L. Hughes, Thayla Painter Bohn, John R. Woodard III, Feldman, Franden, Woodard & Farris, Tulsa, OK, for Appellee.1


OPALA, J.

¶ 1 The dispositive issue on certiorari is whether the Court of Civil Appeals (COCA) erred in affirming the trial court's order dismissing plaintiffs' recommenced action. We answer in the negative. Although the result we reach is the same as that of COCA, we vacate the latter court's opinion to substitute in its place our own pronouncement.

I

THE ANATOMY OF LITIGATION

¶ 2 Doris Willis and Jennie Richardson (plaintiffs...

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