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¶ 33 In the first proposition of the attractiveness, Moon asserts the demo court docket abused its discretion in refusing to vacate the get granting summary judgment to Bank. In this proposition, Moon at first asserts that, in granting Bank's movement for summary judgment, the demo courtroom dismissed his valid defenses and counterclaims founded because of the evidentiary elements connected to his amended solution, and, inside a associated argument, additionally asserts the trial court did not correctly “adjudicate” the validity of his defenses and counterclaims in light of the evidentiary elements attached to his amended respond to, violating his appropriate to due system.
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¶ forty five While in the existing situation, the “fraud” alleged by Moon is neither. Bank engaged in no perform constituting “extrinsic fraud” which denied Moon of his opportunity to litigate his defenses; alternatively, it was Moon's have delay in acquiring substitute counsel which prevented him from presenting his scenario on the merits.
¶ 49 In the 2nd proposition, Appellants argue the demo courtroom erred in denying Brown's movement to intervene. find more Specially, Appellants assert that, as assignee of all of Moon's rights on the promises and counterclaims asserted in these associated scenarios, Oklahoma regulation assured Brown's intervention by proper, as well as trial court erred being a make any difference of law in denying his demand.
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