courts to dismiss claim (Oklahoma) · Go Syfert
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courts to dismiss claim in Oklahoma

8 Oklahoma opinions name it 2 courts 2004–2023 1 in the last five years

The cases below were cited by Oklahoma courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Lockhart v. Loosengreen
okla · 1997 · cited in 3 Oklahoma opinions naming this issue, 2004–2015
2 sentences

2015See Lockhart v. Loosen, 1997 OK 103, ¶ 5, 943 P.2d 1074, 1078 (which draws a distinction between a petition that is dismissible for want of a cognizable legal theory of liability and one that is dismissible for insufficient facts under a recognized theory).

2015See Lockhart v. Loosen, 1997 OK 103, ¶ 5, 943 P.2d 1074, 1078 (which draws a distinction between a petition that is dismissible for want of a cognizable legal theory of liability and one that is dismissible for insufficient facts under a recognized theory).

33
Fanning v. Browngreen
okla · 2004 · cited in 5 Oklahoma opinions naming this issue, 2013–2023
2 sentences

2023The Orders fail to state whether they are with or without prejudice." ROA, Exhibit 9, Plaintiffs' Motion to Reconsider or, In the Alternative, to Clarify Orders of Dismissal, pg. 68, July 22, 2022. 35 See , e.g. , Fanning v. Brown , 2004 OK 7, ¶23 , 85 P.3d 841, 848 ("In order for the courts to dismiss a claim for failure to state a cause of action without giving the plaintiff the opportunity to amend, it must appear that the claim does not exist rather than the claim has been defectively stated."). 36 Dani v. Miller , 2016 OK 35, ¶10 , 374 P.3d 779, 785-86 . 37 See , e.g. , Nicholson v. Stitt

2023The Orders fail to state whether they are with or without prejudice." ROA, Exhibit 9, Plaintiffs' Motion to Reconsider or, In the Alternative, to Clarify Orders of Dismissal, pg. 68, July 22, 2022. 35 See , e.g. , Fanning v. Brown , 2004 OK 7, ¶23 , 85 P.3d 841, 848 ("In order for the courts to dismiss a claim for failure to state a cause of action without giving the plaintiff the opportunity to amend, it must appear that the claim does not exist rather than the claim has been defectively stated."). 36 Dani v. Miller , 2016 OK 35, ¶10 , 374 P.3d 779, 785-86 . 37 See , e.g. , Nicholson v. Stitt

25
NICHOLSON v. STITTgreen
okla · 2022 · cited in 1 Oklahoma opinions naming this issue, 2023–2023
2 sentences

2023The Orders fail to state whether they are with or without prejudice." ROA, Exhibit 9, Plaintiffs' Motion to Reconsider or, In the Alternative, to Clarify Orders of Dismissal, pg. 68, July 22, 2022. 35 See , e.g. , Fanning v. Brown , 2004 OK 7, ¶23 , 85 P.3d 841, 848 ("In order for the courts to dismiss a claim for failure to state a cause of action without giving the plaintiff the opportunity to amend, it must appear that the claim does not exist rather than the claim has been defectively stated."). 36 Dani v. Miller , 2016 OK 35, ¶10 , 374 P.3d 779, 785-86 . 37 See , e.g. , Nicholson v. Stitt

2023The Orders fail to state whether they are with or without prejudice." ROA, Exhibit 9, Plaintiffs' Motion to Reconsider or, In the Alternative, to Clarify Orders of Dismissal, pg. 68, July 22, 2022. 35 See , e.g. , Fanning v. Brown , 2004 OK 7, ¶23 , 85 P.3d 841, 848 ("In order for the courts to dismiss a claim for failure to state a cause of action without giving the plaintiff the opportunity to amend, it must appear that the claim does not exist rather than the claim has been defectively stated."). 36 Dani v. Miller , 2016 OK 35, ¶10 , 374 P.3d 779, 785-86 . 37 See , e.g. , Nicholson v. Stitt

11
DANI v. MILLERgreen
okla · 2016 · cited in 1 Oklahoma opinions naming this issue, 2023–2023
2 sentences

2023The Orders fail to state whether they are with or without prejudice." ROA, Exhibit 9, Plaintiffs' Motion to Reconsider or, In the Alternative, to Clarify Orders of Dismissal, pg. 68, July 22, 2022. 35 See , e.g. , Fanning v. Brown , 2004 OK 7, ¶23 , 85 P.3d 841, 848 ("In order for the courts to dismiss a claim for failure to state a cause of action without giving the plaintiff the opportunity to amend, it must appear that the claim does not exist rather than the claim has been defectively stated."). 36 Dani v. Miller , 2016 OK 35, ¶10 , 374 P.3d 779, 785-86 . 37 See , e.g. , Nicholson v. Stitt

2023The Orders fail to state whether they are with or without prejudice." ROA, Exhibit 9, Plaintiffs' Motion to Reconsider or, In the Alternative, to Clarify Orders of Dismissal, pg. 68, July 22, 2022. 35 See , e.g. , Fanning v. Brown , 2004 OK 7, ¶23 , 85 P.3d 841, 848 ("In order for the courts to dismiss a claim for failure to state a cause of action without giving the plaintiff the opportunity to amend, it must appear that the claim does not exist rather than the claim has been defectively stated."). 36 Dani v. Miller , 2016 OK 35, ¶10 , 374 P.3d 779, 785-86 . 37 See , e.g. , Nicholson v. Stitt

11
Christian v. Graygreen
okla · 2003 · cited in 1 Oklahoma opinions naming this issue, 2023–2023
2 sentences

2023The Orders fail to state whether they are with or without prejudice." ROA, Exhibit 9, Plaintiffs' Motion to Reconsider or, In the Alternative, to Clarify Orders of Dismissal, pg. 68, July 22, 2022. 35 See , e.g. , Fanning v. Brown , 2004 OK 7, ¶23 , 85 P.3d 841, 848 ("In order for the courts to dismiss a claim for failure to state a cause of action without giving the plaintiff the opportunity to amend, it must appear that the claim does not exist rather than the claim has been defectively stated."). 36 Dani v. Miller , 2016 OK 35, ¶10 , 374 P.3d 779, 785-86 . 37 See , e.g. , Nicholson v. Stitt

2023The Orders fail to state whether they are with or without prejudice." ROA, Exhibit 9, Plaintiffs' Motion to Reconsider or, In the Alternative, to Clarify Orders of Dismissal, pg. 68, July 22, 2022. 35 See , e.g. , Fanning v. Brown , 2004 OK 7, ¶23 , 85 P.3d 841, 848 ("In order for the courts to dismiss a claim for failure to state a cause of action without giving the plaintiff the opportunity to amend, it must appear that the claim does not exist rather than the claim has been defectively stated."). 36 Dani v. Miller , 2016 OK 35, ¶10 , 374 P.3d 779, 785-86 . 37 See , e.g. , Nicholson v. Stitt

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Oklahoma. Read the followed side critically anyway.

Statutes the citing opinions construe

OK § Okla. Stat. tit. 12, § 2012 (6)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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