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¶ 39 On this respect, the sole evidentiary supplies tendered by Moon had been attached to his amended solution. These elements consisted of assorted letters and e-mails by and between Moon's agent, Bank and also the future lender regarding the pay-off quantities of the varied notes, the consent of Moon's agent to apply the proceeds of two certificates of deposit for the amounts of desire because of on the assorted notes, along with the detect of Bank's election to exercising its appropriate of setoff and utilize the proceeds of the certificates of deposits to 2 of Moon's notes.
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” The trial court docket thoroughly and finally adjudicated all the competing claims, and Bank didn't execute on its judgment towards Moon until following the trial court docket denied Moon's motion to vacate. Absent the publishing of a supersedeas bond or other security authorized via the trial courtroom to remain enforcement, there existed no impediment to Bank's execution on the judgment granted. 12 O.S. § 990.four.
¶ sixty four From the current case, Moon unsuccessful to respond to Bank's movement for summary judgment, and failed to obtain go away to file his amended reply to which was appended evidentiary resources ostensibly supporting the counterclaims. We've got held the demo courtroom was then authorized to deal with the submitting on the amended solution with elements attached as without outcome.
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¶ forty three Moon also asserts the evidentiary products reveal Bank's “fraud” in inducing his default, and consequent “fraud” in acquiring judgment against him.
The Court docket has reviewed the Motion to Vacate via the Defendant Moon and supplemental filings. The Courtroom finds which the motion should be respectfully denied. The modern case of Freidman v. Craig, [2010 Okay CIV Application eighty three, 241 P.3d 681] appears to generally be on level here. There, the Courtroom denied a movement to vacate summary judgment for “irregularities” under tit. 12 sec. 1031.one once the judgment was entered although the bash was unrepresented. In Friedman, the judgment was acquired a lot less than a month following the legal professional withdrew, once the motion had been filed. Below, the record displays that counsel didn't file the movement till virtually a few (three) months once the Defendant's counsel handed absent, notified the Defendant by mail and [notified the] counsel that Defendant indicated for the Plaintiff he was about to employ, and also the Workplace of his former lawyer.
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