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MURIE v. HARTING

No. 111380. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 3.

324 P.3d 1269 (2014)

2014 OK CIV APP 49

Kim Ellen MURIE, Plaintiff/Appellee, v. Phillip Wade HARTING, Defendant/Appellant, and Lillian Harting, Defendant.

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

April 11, 2014.

Attorney(s) appearing for the Case

Gaylon C. Hayes , Hayes Legal Group, P.C., Oklahoma City, Oklahoma, for Plaintiff/Appellee.

Kenneth H. Robertson , Tulsa, Oklahoma, for Defendant/Appellant.

BRIAN JACK GOREE, Judge.

¶ 1 The sole issue on appeal is whether the trial court committed reversible error when it denied Defendant's motion to vacate a default judgment based on irregularity in obtaining a judgment pursuant to 12 O.S. 2011 § 1031(3). We hold that it did and reverse the judgment.

I.

¶ 2 Kim Murie, Plaintiff/Appellee, filed a petition for negligence and intentional infliction of emotional distress against her ex-husband...

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