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Wimberly v. Buford

Supreme Court of Oklahoma
Mar 15, 1983
1983 OK 25 (Okla. 1983)

Opinion

No. 56042.

March 15, 1983.

Certiorari to the Temporary Court of Appeals, Division No. 113.

Joe S. Rolston III, Oklahoma City, for appellant.

Porta, Bass Bass, P.C., El Reno, for appellee.


Jurisdiction assumed; let certiorari issue to the Court of Appeals, Temporary Division 113.

The opinion of the Court of Appeals Temporary Division 113 is hereby vacated, for a Court of Appeals may not overrule an opinion of the Supreme Court of Oklahoma. Rule 3.13 A(4), 12 O.S. 1981, Chap. 15, App. 3.

This Court is further of the opinion that Sudheimer v. Cheatam, 443 P.2d 951 (Okla. 1968) is distinguishable in fact from and therefore not in conflict with Leach v. West, 504 P.2d 1233, 1237 (Okla. 1972), and should not be overruled.

Leach v. West, supra, is dispositive.

CERTIORARI GRANTED; COURT OF APPEALS' OPINION VACATED; TRIAL COURT'S JUDGMENT AFFIRMED.

All the Justices concur.


Summaries of

Wimberly v. Buford

Supreme Court of Oklahoma
Mar 15, 1983
1983 OK 25 (Okla. 1983)
Case details for

Wimberly v. Buford

Case Details

Full title:DONNA K. WIMBERLY, APPELLANT, v. POLLY E. BUFORD, APPELLEE

Court:Supreme Court of Oklahoma

Date published: Mar 15, 1983

Citations

1983 OK 25 (Okla. 1983)
1983 OK 25

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