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VANNOY v. EARTH BIOFUELS, INC.

No. 105853. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 3.

278 P.3d 1052 (2009)

2009 OK CIV APP 22

Toby VANNOY and Mary Vannoy, Plaintiff/Appellees, v. EARTH BIOFUELS, INC., a Delaware Corporation, Defendant/Appellant.

Court of Civil Appeals of Oklahoma, Division No. 3.

January 30, 2009.

Attorney(s) appearing for the Case

David Burrage , Burrage Law Firm, Durant, Oklahoma, for Plaintiff/Appellees.

D. Michael Haggerty, II , Haggerty Law Office, P.L.L.C., and Ken Rainbolt , Ken Rainbolt, P.C., Durant, Oklahoma, for Defendant/Appellant.

CAROL M. HANSEN, Presiding Judge.

¶ 1 Defendant/Appellant, Earth Biofuels, Inc. (Earth), seeks review of the trial court's order denying its petition to vacate a default judgment entered against it for $1,000,000.00 in favor of Plaintiff/Appellees, Toby Vannoy and Mary Vannoy (the Vannoys), in their tort action to recover for personal injury. We reverse and remand, holding 12 O.S.Supp. 2002 § 2004(B)(2) requires notice of the specific amount of damages sought...

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