Fair Meadows and State Insurance Fund v. Ward

Fair Meadows and State Insurance Fund v. Ward
1997 OK CIV APP 81
950 P.2d 885
68 OBJ 4038
Case Number: 88761
Decided: 12/03/1997

FAIR MEADOWS and THE STATE

HONORABLE ELLEN C. EDWARDS, JUDGE

SUSTAINED

Shawn S. Taylor, Tulsa, Oklahoma,

KENNETH L. BUETTNER, Judge

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SUSTAINED.

HANSEN, P.J., and JOPLIN, J., concur.

FOOTNOTES

1 Contrary to petitioners' argument in their brief, the unsworn letter did not constitute "evidence" that could have been considered by the trial court at the October 8, 1993 trial.

2 Where the court lacks subject matter jurisdiction, a motion to vacate under 12 O.S. 1991 §1031 Third is proper. Van Nort v. Davis, 1990 OK CIV APP 95, 800 P.2d 1082, 1085.