BANK OF COMMERCE v. BREAKERS, L.L.C.

No. 108,461. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 3.

256 P.3d 1053 (2011)

2011 OK CIV APP 45

BANK OF COMMERCE, Plaintiff/Appellee, v. BREAKERS, L.L.C., an Oklahoma Limited Liability Company; Pointe Marin, L.L.C., an Oklahoma Limited Liability Company; Harold W. Tompkins, a/k/a Hal Tompkins, a/k/a Harold W. Thomkins; RCB Bank, an Oklahoma Banking Corporation; Villas Development, L.L.C., an Oklahoma Limited Liability Company; Tulsa Energy Control, Inc., a Corporation; Lifestyles Stores, Inc., a Corporation; Mill Creek Lumber & Supply Company, a Corporation; Davis Custom Painting, Inc., a Corporation; Fuller, Chlouber & Frizzell, L.L.P., an Oklahoma Limited Liability Partnership; and Mary Jane Law, in her capacity as Treasurer of Delaware County, Oklahoma, Defendants, and Marvin Y. Jin and Soohyun Jin, Husband and Wife; and Bank of Oklahoma, N.A., Movants/Appellants.

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

March 18, 2011.


Attorney(s) appearing for the Case

Galen L. Brittingham , Marthanda J. Beckwith , Atkinson, Haskins, Nellis, Brittingham, Gladd, & Carwile, a Professional Corporation, Tulsa, Oklahoma, for Plaintiff/Appellee.

William McKee , Ken Yates , The Robinson Law Firm, Tulsa, Oklahoma, for Movants/Appellants.


KENNETH L. BUETTNER, Judge.

¶ 1 Movants/Appellants Marvin Y. and Soohyun Jin (Jins) and Bank of Oklahoma (BOK) (collectively, Appellants) appeal from the trial court's order denying their Motion to Intervene in a foreclosure action.1 Appellants acquired their interest in the property at issue in this case after lis pendens was recorded. As a result, Appellants' interest is void as to the prevailing party in this case. Appellants...

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