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Photo of Oklahoma unified county

Court

Oklahoma unified county

Oklahoma

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Case Information

Filed 2022-08-10
Type Injunction & Restraining Order
Docket 89 entries
Disposition Judgment
Photo of Hon. MISAK, TRISHA

Judge

Hon. MISAK, TRISHA

Cleveland County (OK)

Oklahoma

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Lawyers

Docket Entries

  1. PETITION
  2. LAW LIBRARY ASSESSMENT
  3. DISPUTE MEDIATION ASSESSMENT
  4. OKLAHOMA COURT INFORMATION SYSTEM FEE - EFFECTIVE 07/01/04
  5. LENGTHY TRIAL FUND
  6. OK COURT APPOINTED SPECIAL ADVOCATES
  7. 10% OF CASA TO COURT CLERK REVOLVING FUND
  8. OK COUNCIL ON JUDICIAL COMPLAINTS REVOLVING FUND
  9. 10% OF COJC TO COURT CLERK REVOLVING FUND
  10. COURTHOUSE SECURITY FEE
  11. 10% OF CHSC TO COURT CLERK REVOLVING FUND
  12. STATE JUDICIAL REV. FUND INTERPRETER & TRANSLATOR SERVICES
  13. 15% TO DISTRICT COURT REVOLVING FUND
  14. COURT CLERK PRESERVATION FUND
  15. SUMMONS ISSUED (ATTY TO GET SERVICE)
  16. AJE: MONIES DUE THE FOLLOWING AGENCY(IES) REDUCED
  17. AJE: COST DUE TO CARD ALLOCATION FEE
  18. S/O: MATTER IS PRESENTED FOR TRO & SCHEDULING FOR TEMP
  19. INJUNCTION. JUDGE ASSIGNED TO HER CV CASES DETERMINES A
  20. POTENTIAL CONFLICT OF INTEREST EXISTS & RECUSES &
  21. REQUESTS MATTER BE REASSIGNED (SK)
  22. S/O: THE ABOVE MATTER IS TEMPORARILY ASSIGNED TO JUDGE
  23. TRISHA MISAK FOR THE SOLE PURPOSE OF REVIEWING THE
  24. REQUEST FOR A TEMPORARY RESTRAINING ORDER AS JUDGE
  25. KENDALL HAS RECUSED & THIS COURT IS IN A JURY TRIAL IN
  26. ANOTHER COUNTY (LE)
  27. TEMPORARY RESTRAINING ORDER (TM)
  28. AFFIDAVIT OF SERVICE BY PROCESS SERVER
  29. S/O: MATTER IS SCHEDULED FOR HEARING THIS DATE AS TO
  30. WHETHER THE TEMPORARY RESTRAINING ORDER ISSUED ON
  31. 8-10-22 SHOULD NOT CONTINUE AS A PRELIMINARY
  32. INJUNCTION. MR MORTON HAS NOT FORMALLY ENTERED HIS
  33. APPEARANCE YET, BUT HE IS CONTACTED BY TELEPHONE &
  34. INDICATES HE HAS NO OBJECTION TO THIS COURT HEARING
  35. ALL MATTERS ASSOCIATED WITH THIS CASE PURSUANT TO
  36. 20O.S. 123. TRO SHALL REMIAN IN EFFECT UNTIL DISTRICT
  37. JUDGE EITHER RETAINS THE CASE OR PERMANENTLY ASSIGNS
  38. TO THIS COURT. NO BOND REQUIRED AS THIS TIME. (TM)
  39. ENTRY OF APPEARANCE - PHILLIP N MORTON FOR DEFT
  40. DEFTS' ANSWER TO PLNTF'S PETITION
  41. ORDER IS ASSIGNEMNT (LE)
  42. S/O: PARTIES AGREE THAT PROCEEDINGS MAY BE RECORDED
  43. PURSUANT TO 20 O.S. 106.4 (A). H.O.M. SET FOR 11-2-22
  44. AT 9:00AM. PARTIES SHALL EXCHANGE WITNESS AND EXHIBIT
  45. LISTS NO LATER THAN 10-12-22.(TM)
  46. SUBPOENA (MARCUS T HEILMAN)
  47. WITNESS & EXHIBIT LIST
  48. PLAINTIFF'S WITNESS & EXHIBIT LIST
  49. MOTION FOR SUMMARY JUDGMENT
  50. AJE: MONIES DUE THE FOLLOWING AGENCY(IES) REDUCED
  51. AJE: COST DUE TO CARD ALLOCATION FEE
  52. DEFTS' RESPONSE TO PLNTF MOLLY RUSSELL'S MOTION FOR
  53. SUMMARY JDUGMENT & BRIEF IN SUPPORT
  54. AMENDED WITNESS & EXHIBIT LIST
  55. S/O: RECORDED BY AGREEMENT PURSUANT TO 20 O.S. 106.4.
  56. HEARING HELD THIS DATE ON PETITION. PLNTF CALLS TWO
  57. WITNESSES AND RESTS. DEFT ENTERS DEMURER WHICH IS
  58. SUSTAINED AS PLNTF FAILED TO PROVE THE THIRD & FOURTH
  59. ELEMENTS OF BOUNDARY BY ACQUIESCENCE PER LEWIS V SMITH,
  60. 1940 OK 276 & SALINAS V SHEETS, 2018 OK CIV APP21, FOR
  61. THE 15-YEAR PERIOD REQUIRED BY LAW. TEMPORARY
  62. INJUNCTION IS VACATED. PARTIES AGREE THAT RESPONDENT'S
  63. EXHIBIT 1 MAY BE SUBSTITUTED WITH A PHOTOCOPY. COURT
  64. DENIES TO RULE ON PLNTF'S MOTION FOR SUMMARY JUDGMENT AS
  65. SAME WAS NOT SET FOR HEARING, AND RULING WAS NOT
  66. REQUESTED UNTIL AFTER NJT COMMENSED. (TM)
  67. DEFENDANTS' APPLICATION FOR ATTORNEY FEES AND COSTS
  68. RESPONSE AND OBJECTION TO RESPONDENT'S APPLICATION FOR
  69. ATTORNEY FEES
  70. S/O: HEARING HELD THISDATE ON DEFT'S APPL FOR ATTY FEES
  71. & COSTS. PLNTF STIPULATES TO THE REASONABLENESS OF THE
  72. AMOUNT REQUESTED BY DEFT. THE COURT FINDS THAT THE ATTY
  73. FEE PROVISION IN 40O.S.150.1 IS INAPPLICABLE IN THIS
  74. MATTER, AS THAT SECTION SPECIFICALLY APPLIES TO AN
  75. ACTION COMMENCED TO ESTABLISH TITLE TO A PARCEL OF
  76. PROPERTY IN DISPUTE, AND NEITHER PARTY REQUESTED THAT
  77. FELIEF IN THIS MATTER. THE AMERICAN RULE APPLIES. EACH
  78. PARTYSHALL PAY HIS OR HER OWN ATTY FEES & COSTS. CC:
  79. ATTYS BY PN

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