Wimberly v. Buford

Supreme Court of Oklahoma

Wimberly v. Buford

1983 OK 25, 660 P.2d 1050, 1983 Okla. LEXIS 160

CourtSupreme Court of Oklahoma

DecidedMarch 15, 1983

Docket56042

StatusPublished

Cited by11 cases

This text of 1983 OK 25 (Wimberly v. Buford) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Wimberly v. Buford, 1983 OK 25, 660 P.2d 1050, 1983 Okla. LEXIS 160 (Okla. 1983).

Pincite

Opinion

DOOLIN, Justice:

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 (Okl.1968) is distinguishable in fact from and therefore not in conflict with Leach v. West, 504 P.2d 1233, 1237 (Okl.1972), and should not be overruled.

Leach v. West, supra, is dispositive.

*1051 CERTIORARI GRANTED; COURT OF APPEALS’ OPINION VACATED; TRIAL COURT’S JUDGMENT AFFIRMED.

All the Justices concur.

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