The information contained in this report is provided in compliance with the Oklahoma Open Records Act, 51 O.S. 24A.1. Use of this information is governed by this act, as well as other applicable state and federal laws.
IN THE SUPREME COURT OF THE STATE OF OKLAHOMA
| McClain Bank, a State Banking Corporation, formerly McClain County National Bank, Plaintiff/Appellant, vs. Phillip L. Jody et al. Defendants/Appellees. |
No. DF-119040 (District Court Final Order or Judgment) Consolidated With:Filed: 09/08/2020 Closed: 06/29/2023 Appealed from: MCCLAIN County District Court |
Parties
JODY, PHILLIP L,
Appellee
Mcclain Bank,
Appellant
Attorneys
| Attorney | Represented Parties |
|---|---|
| Blevins, James B Jr. (Bar #881) 138 West Main P.O. Box 1565 Purcell, OK 73080 |
Mcclain Bank |
| BOOZE, MICHAEL S (Bar #20628) 400 North Walnut Ave Oklahoma City, OK 73104 |
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| Fritze, Christine R (Bar #13942) GALIER & ASSOCIATES, P.C. P.O. BOX 1011 OKLAHOMA CITY, OK 73101 |
JODY PHILLIP L |
| Galier, Anthony C (Bar #13941) GALIER & ASSOCIATES, P.C. P.O. BOX 1011 OKLAHOMA CITY, OK 73101 |
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| LANE, PATRICK H (Bar #30885) BALL MORSE LOWE, PLLC 531 COUCH DR., SUITE 201 OKLAHOMA CITY, OK 73102 |
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| LEPAGE, JORDAN M (Bar #32446) BALL MORSE LOWE PLLC 531 COUCH DRIVE STE 201 OKLAHOMA CITY, OK 73102 |
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| MORSE, DAVID (Bar #6449) 531 COUCH DRIVE STE 201 OKC, OK 73102 |
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| Proctor, John Michael 2804 TEJAS AVE., #915 FT. WORTH, TX 76116 |
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| Tontz, Gregory T 301 E. Eufaula Norman, OK 73069 |
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| Velotta, George William II (Bar #9223) Blevins and Associates Law PLLC 138 W Main St Purcell, OK 73080 |
Mcclain Bank |
Events
None
Lower Court Counts and Other Information
| Count | Case Number | Statute | Crime | Sentence | Judge | Reporter |
|---|---|---|---|---|---|---|
| - | CV-2018-157 | - | Kendall, Steven |
Docket
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DATE OF ORDER APPEALED |
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INTERLOCUTORY INITIAL FILING |
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RECEIPT # 78565 ON 09/08/2020. |
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PETITION IN ERROR FILED BY VELOTTA FOR MCCLAIN BANK-PLNTF/APLNT Document Unavailable (#1046934152) |
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ENTRY OF APPEARANCE BY JAMES B. BLEVINS, JR. Document Unavailable (#1046934156) |
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DESIGNATION OF RECORD Document Unavailable (#1046934081) |
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ENTRY OF APPEARANCE BY GEORGE W. VELOTTA, II****ENTRY ADDED**** |
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JE: TH/CASES (119040, 119041) ARE H/BY CONSOLIDATED UNDER SURV CASE 119040. ALL FILINGS SH/BE MADE IN CASE 119040, W/SURV CAPTION ETC. CLERK OF DIST CT TO PREPARE ONE COMBINED REC FOR BOTH APPEALS, AND WH/READY TO FILE NTCP OF REC IN 119040. TO INCLUDE ALL DESIGNATED ITEMS IN BOTH APPEALS. NTCP OF REC SH/BE FILED NLT 2-10-21. BRIEFING TIME SH/BE CALCULATED FR/FILING OF NTCP OF REC IN COMPLIANCE W/TH/ORDER, AND ONLY ONE SET OF BRIEFS SH/BE FILED. CONSOLIDATED APPEAL SH/PROCEED AS A REGULAR APPEAL FR/A/FINAL ORDER OF DIST CT. CT CLERK SH/CHANGE CASE DESIGNATION FROM INTERLOCUTORY (IN) TO DIST CT FINAL ORDER (DF). N/ATTYS DC CLERK (NEW CERT OF APPEAL MAILED TO DC CLERK) |
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JE: APLEES' MOT TO CONVERT TH/APPEAL FR/GENERAL APPELLATE PROCEDURE TO ACCELERATED PROCEDURE UNDER RULE 1.36 IS DENIED. ON 9-17-20, TH/CT DETERMINED TH/119040 & 119041 SH/PROCEED AS A CONSOLIDATED APPEAL, AND THAT, "THE CONSOLIDATED APPEAL SH/PROCEED AS A REGULAR APPEAL FR/A/FINAL ORDER OF DIST CT," W/A/DESIGNATION AS A DIST CT FINAL ORDER. REHE IS NOT AUTHORIZED FR/A/PREDECISIONAL ORDER IN AN APPEAL. ETC. TH/CONSOLIDATED APPEAL SH/CONT UNDER GENERAL APPELLATE PROCEDURE. N/ATTYS |
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JE: APLNT TO FILE, NLT 10-27-20, AN AMENDED DSRC IN COMPLIANCE W/OKLA.SUP.CT.R. 1.28(B). AMENDED DSRC SH/CONTAIN CERT BY CT REPORTER FOR TRANSCRIPTS ORDERED. UNLESS AMENDED DSRC, W/APPROPRIATE CT REPORTER'S CERT, IS FILED BY 10-27-20, TH/APPEAL W/BE SUBJECT TO DSML W/OUT FURTHER NOTICE. ETC. APLEES' MOT TO DSMS TH/APPEAL DUE TO NONCOMPLIANT DESIGNATIONS OF REC IS DENIED. N/ATTYS DC CLERK |
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RECORD ORDERED |
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7 VOLUME ORIGINAL RECORD - 1200 PAGES; 1 EXHIBIT ENVELOPE |
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TRANSCRIPT 5/1/2019 - 28 PAGES |
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TRANSCRIPT 11/1/2019 - 46 PAGES |
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ASSIGNED TO COURT OF CIVIL APPEALS, TULSA; N/ATTYS Document Available at Court Clerk's Office |
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AFFIRMED (OPINION) |
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MIAL DATED 9-8-22 TO JOHN MICHAEL PROCTOR RETURNED THIS DATE (RETURN TO SENDER - NOT DELIVERABLE AS ADDRESSED - UNABLE TO FORWARD) |
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MIAL DATED 9-23-22 TO JOHN MICHAEL PROCTOR RETURNED THIS DATE (RETURN TO SENDER - NOT DELIVERABLE AS ADDRESSED - UNABLE TO FORWARD) |
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RECEIPT # 84569 ON 10/11/2022. OVER THE COUNTER |
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ORGR RECEIVED FROM CCAT |
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MAIL DATED 5-30-23 TO JOHN MICHAEL PROCTOR RETURNED TH/DATE (RETURN TO SENDER - NOT DELIVERABLE AS ADDRESSED - UNABLE TO FORWARD) |
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RECORD RETURNED TO DISTRICT COURT |
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