8 Oklahoma opinions name it 2 courts 1997–2023 2 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.
| Case | Followed | Cited |
|---|---|---|
Kelly v. Abbottgreen2 sentences2006See, 12 O.S.2012(G); Kelly v. Abbott, 1989 OK 124 , 781 P.2d 1188 . 118 "On granting a motion to dismiss a claim for relief, the court shall grant leave to amend if the defect can be remedied." 12 O.S. § 2012(G). 2006See, 12 O.S.2012(G); Kelly v. Abbott, 1989 OK 124 , 781 P.2d 1188 . 118 "On granting a motion to dismiss a claim for relief, the court shall grant leave to amend if the defect can be remedied." 12 O.S. § 2012(G). | 2 | 4 |
Fanning v. Browngreen2 sentences2023The 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 | 1 | 2 |
Coussens v. Gilmoregreen2 sentences2023See , e.g. , Fitzgerald v. Caldwell , 1927 OK 234 , 259 P. 209, 210 (party's previously filed request for findings of fact and conclusions of law was insufficient "unless the record affirmatively shows that such request was called to the attention of the trial judge at the trial of the cause before the final judgment was rendered and exception saved to his failure to comply with such request"). 31 Black, Sivalls & Bryson v. Farrell , 1928 OK 269 , 268 P. 276, 277-78 . 32 Coussens v. Gilmore , 1966 OK 12 , 410 P.2d 879, 883 . 33 12 O.S.2021(G) states in part: "On granting a motion to dismiss a 2023See , e.g. , Fitzgerald v. Caldwell , 1927 OK 234 , 259 P. 209, 210 (party's previously filed request for findings of fact and conclusions of law was insufficient "unless the record affirmatively shows that such request was called to the attention of the trial judge at the trial of the cause before the final judgment was rendered and exception saved to his failure to comply with such request"). 31 Black, Sivalls & Bryson v. Farrell , 1928 OK 269 , 268 P. 276, 277-78 . 32 Coussens v. Gilmore , 1966 OK 12 , 410 P.2d 879, 883 . 33 12 O.S.2021(G) states in part: "On granting a motion to dismiss a | 1 | 1 |
NICHOLSON v. STITTgreen2 sentences2023The 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 | 1 | 1 |
DANI v. MILLERgreen2 sentences2023The 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 | 1 | 1 |
Christian v. Graygreen2 sentences2023The 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 | 1 | 1 |
Black, Sivalls & Brlson, Inc. v. Farrellgreen2 sentences2023See , e.g. , Fitzgerald v. Caldwell , 1927 OK 234 , 259 P. 209, 210 (party's previously filed request for findings of fact and conclusions of law was insufficient "unless the record affirmatively shows that such request was called to the attention of the trial judge at the trial of the cause before the final judgment was rendered and exception saved to his failure to comply with such request"). 31 Black, Sivalls & Bryson v. Farrell , 1928 OK 269 , 268 P. 276, 277-78 . 32 Coussens v. Gilmore , 1966 OK 12 , 410 P.2d 879, 883 . 33 12 O.S.2021(G) states in part: "On granting a motion to dismiss a 2023See , e.g. , Fitzgerald v. Caldwell , 1927 OK 234 , 259 P. 209, 210 (party's previously filed request for findings of fact and conclusions of law was insufficient "unless the record affirmatively shows that such request was called to the attention of the trial judge at the trial of the cause before the final judgment was rendered and exception saved to his failure to comply with such request"). 31 Black, Sivalls & Bryson v. Farrell , 1928 OK 269 , 268 P. 276, 277-78 . 32 Coussens v. Gilmore , 1966 OK 12 , 410 P.2d 879, 883 . 33 12 O.S.2021(G) states in part: "On granting a motion to dismiss a | 1 | 1 |
Fitzgerald & Laird v. Caldwellgreen2 sentences2023See , e.g. , Fitzgerald v. Caldwell , 1927 OK 234 , 259 P. 209, 210 (party's previously filed request for findings of fact and conclusions of law was insufficient "unless the record affirmatively shows that such request was called to the attention of the trial judge at the trial of the cause before the final judgment was rendered and exception saved to his failure to comply with such request"). 31 Black, Sivalls & Bryson v. Farrell , 1928 OK 269 , 268 P. 276, 277-78 . 32 Coussens v. Gilmore , 1966 OK 12 , 410 P.2d 879, 883 . 33 12 O.S.2021(G) states in part: "On granting a motion to dismiss a 2023See , e.g. , Fitzgerald v. Caldwell , 1927 OK 234 , 259 P. 209, 210 (party's previously filed request for findings of fact and conclusions of law was insufficient "unless the record affirmatively shows that such request was called to the attention of the trial judge at the trial of the cause before the final judgment was rendered and exception saved to his failure to comply with such request"). 31 Black, Sivalls & Bryson v. Farrell , 1928 OK 269 , 268 P. 276, 277-78 . 32 Coussens v. Gilmore , 1966 OK 12 , 410 P.2d 879, 883 . 33 12 O.S.2021(G) states in part: "On granting a motion to dismiss a | 1 | 1 |
State v. HESS CORP.green1 sentence2017Id. at 392 (citations omitted). 6 For a discussion of the limited discretion a federal court has to remand a properly removed case, see Buchner v. F.D.I.C. , 981 F.2d 816 (5th Cir. 1993). 7 While BANA had that choice, 12 O.S. 2011 § 725, we note the judgment roll does not reveal that it filed a petition to enforce the foreclosure judgment or otherwise complied with procedural rules for bringing such an action. 8 Section 2012(G) provides, in part, as follows: "On granting a motion to dismiss a claim for relief, the court shall grant leave to amend if the defect can be remedied and shall specify | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Oklahoma. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Buchner v. F.D.I.C.
green
1 sentence2017Id. at 392 (citations omitted). 6 For a discussion of the limited discretion a federal court has to remand a properly removed case, see Buchner v. F.D.I.C. , 981 F.2d 816 (5th Cir. 1993). 7 While BANA had that choice, 12 O.S. 2011 § 725, we note the judgment roll does not reveal that it filed a petition to enforce the foreclosure judgment or otherwise complied with procedural rules for bringing such an action. 8 Section 2012(G) provides, in part, as follows: "On granting a motion to dismiss a claim for relief, the court shall grant leave to amend if the defect can be remedied and shall specify | 1 | 2017–2017 |
Oklahoma Department of Public Safety v. McCrady
green
2 sentences2011As explained by the McCrady II Court, "McCra-dy I teaches McCrady is a classified employee, not an at-will employee, and hence may not bring a tort claim for wrongful discharge based on public-policy exception to the employment-at-will rule." 2007 OK 39, 15 , 176 P.3d at 1198 . 9 . 2011As explained by the McCrady II Court, "McCra-dy I teaches McCrady is a classified employee, not an at-will employee, and hence may not bring a tort claim for wrongful discharge based on public-policy exception to the employment-at-will rule." 2007 OK 39, 15 , 176 P.3d at 1198 . 9 . | 1 | 2011–2011 |
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.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.