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WELLS FARGO BANK, N.A. v. KINDLE

No. 111,957. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 4.

332 P.3d 302 (2014)

2014 OK CIV APP 67

WELLS FARGO BANK, N.A., in trust for the benefit of Park Place Securities, Inc. Asset-Backed Pass-Through Certificates Series 2004-WCW2, Plaintiff/Appellant, v. Theresa KINDLE and Eldridge Kindle, Defendants/Appellees, and Occupants of the Premises, Ameriquest Mortgage Company, and Argent Mortgage Company, LLC, Defendants.

Court of Civil Appeals of Oklahoma, Division No. 4.

June 11, 2014.

Attorney(s) appearing for the Case

Trent A. Gudgel , Dustin L. Perry , Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C., Tulsa, Oklahoma, for Plaintiff/Appellant.

Stephen A. Harry , Stephen A. Harry, P.C., Oklahoma City, Oklahoma and Neelam A. Patel , Neelam A. Patel, P.C., Oklahoma City, Oklahoma, for Defendants/Appellees.

JANE P. WISEMAN, Presiding Judge.

¶ 1 Wells Fargo Bank, N.A., appeals an order of the trial court denying its motion to vacate the dismissal with prejudice of its foreclosure action against Theresa Kindle and Eldridge Kindle. The issue on appeal is whether the trial court abused its discretion in denying the motion to vacate. After review of the record and applicable law, we conclude that the motion to vacate should have been granted. The decision of the trial...

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