¶ forty nine In the second proposition, Appellants argue the trial court erred in denying Brown's motion to intervene. Specially, Appellants assert that, as assignee of all of Moon's rights on the promises and counterclaims asserted in these related circumstances, Oklahoma legislation certain Brown's intervention by suitable, and also the trial court erred for a matter of legislation in denying his desire.
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¶ 60 Bank subsequently sought and attained judgment towards plaintiffs on their debts, leaving “unresolved following the disposition from the bank's summary judgment motions [the plaintiffs'] lender legal responsibility promises in opposition to the bank plus the bank's claims for legal professional's charges and selection charges.
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¶ 33 During the first proposition of the charm, Moon asserts the demo courtroom abused its discretion in refusing to vacate the purchase granting summary judgment to Bank. On this proposition, Moon at first asserts that, in granting Bank's movement for summary judgment, the demo courtroom disregarded his valid defenses and counterclaims set up via the evidentiary components hooked up to his amended solution, and, in a very connected argument, additionally asserts the trial courtroom didn't correctly “adjudicate” the validity of his defenses and counterclaims in light with the evidentiary resources hooked up to his amended response, violating his suitable to because of process.
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¶ 10 On Oct twelve, 2012, Bank then filed its motion for summary judgment In this instance. On Moon's failure both to object to Bank's Movement for Summary Judgment “within time specified,” or to present “any admissible evidence to dispute [Bank's] statements or help [their] counterclaims like a protection to [Bank's] Motion,” and recognizing “Defendants' counterclaims are dismissed with prejudice,” the trial courtroom granted judgment to Bank on its statements for selection on the note, and foreclosure on the mortgage by Journal Entry of Judgment submitted November thirteen, 2012.
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