Victory on appeal in DELMAR BYRL GARRETT vs. CARLOTTA GORDON, 2013 OK CIV APP 96 (June 12, 2013).

I am pleased to announce that I have a new reported case (that I won at trial and on appeal):

DELMAR BYRL GARRETT vs. CARLOTTA GORDON, 2013 OK CIV APP 96 (June 12, 2013).

Plaintiff/Appellant Delmar Garrett (Delmer) appeals the September 13, 2011, Journal Entry Order of the district court denying his Motion to Vacate Void Judgment, Vacate Partition Order, and Emergency Motion to Stay Sheriff’s Sale. The judgment sought to be vacated was entered in a divorce suit in which Delmer was named as a party. Because the judgment roll in the divorce proceeding shows that the district court had personal jurisdiction over Delmer at the time the judgment was entered, he is bound by the terms of that judgment. Therefore, the district court correctly denied Delmer’s motion to vacate and we affirm.

Link to Full Opinion.

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