Hough V. Leonard - Supreme Court of the State of Oklahoma

Hough V. Leonard

By Supreme Court of the State of Oklahoma

  • Release Date - Published: 1993-09-21
  • Book Genre: Law
  • Author: Supreme Court of the State of Oklahoma
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Hough V. Leonard Supreme Court of the State of Oklahoma read online review & book description:

¶1 The only issue addressed *fn1  is whether the trial court properly exercised jurisdiction over the three Texas residents who entered into a contract in Oklahoma with an Oklahoma resident to perform services in Kansas. We find that it did. However, we also find that we must address a question of appellate procedure to ensure that all litigants are treated equitably and that all issues properly preserved, raised and briefed on appeal are addressed. Johnson v. Wade, 642 P.2d 255, 257 (Okla. 1982), is hereby overruled to the extent that it provides that any party, whether "winner" or "loser" in the Court of Appeals, must petition for certiorari to ensure review of issues raised and briefed on appeal. Rules 3.14 and 3.15, 12 O.S. 1991, Ch. 15, App. 3, Rules on Practice and Procedure in the Court of Appeals and on Certiorari to that Court, are hereby revised to include language providing that issues not presented in the petition for certiorari will not be considered by the Supreme Court. Provided, however, if the Court of Appeals did not decide all of the properly preserved and briefed issues, the Supreme Court may - should it vacate the opinion of the Court of Appeals - address such undecided matters or it may remand the cause to the Court of Appeals for that Court to address such issues. These rules shall apply to this cause and prospectively to all petitions for certiorari filed thirty (30) days after final publication in the Oklahoma Bar Journal. *fn2

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