State ex. rel. Haynes v. Murray

State ex. rel. Haynes v. Murray
1999 OK CIV APP 108
990 P.2d 334
70 OBJ 3685
Case Number: 91669
Decided: 08/27/1999
Mandate Issued: 11/12/1999

RELEASE FOR PUBLICATION BY ORDER OF COURT OF CIVIL APPEALS;
IN THE COURT OF CIVIL APPEALS OF THE STATE OF OKLAHOMA, DIVISION NO. I.

STATE OF OKLAHOMA, ex rel, GENE HAYNES, DISTRICT ATTORNEY, Plaintiff/Appellee,
v.
SIXTEEN THOUSAND EIGHT HUNDRED DOLLARS ($16,800.00), Defendant, and, MARK MURRAY
 and WARREN AUSTIN, Respondents/Appellants.

APPEAL FROM THE DISTRICT COURT OF MAYES COUNTY, OKLAHOMA;
Honorable James Goodpaster, Trial Judge.

REVERSED AND REMANDED

Richard O' Carroll, Sharisse O' Carroll, Tulsa, Oklahoma,For Appellants
Charles A. Ramsey, Pryor, Oklahoma, For Appellee.

OPINION

HANSEN, Presiding Judge

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A waiver is defined as the voluntary or intentional relinquishment of a known right. The party invoking it as a bar is required to show that the person against whom the bar is asserted did, at the time of the transaction, have knowledge, actual or constructive, of the existence of his rights and of all the material facts upon which they depended. ... The fact that one knows his rights and intends to waive them must plainly appear. (Citations omitted) (Emphasis added).

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¶21  JONES, C.J., concurs in result; ADAMS, J., concurs.

FOOTNOTES

1We note § 2-506(E) provides only for a hearing before forfeiture by default.

2While entitled Petition for Re-Hearing, Appellants' motion will be deemed a Motion for New Trial. Rule 17, Rules for District Courts, 12 O.S. 1991, Chap. 2. App. 1.