¶ 49 In the next proposition, Appellants argue the demo court erred in denying Brown's movement to intervene. Particularly, Appellants assert that, as assignee of all of Moon's rights towards the statements and counterclaims asserted in these related scenarios, Oklahoma regulation assured Brown's intervention by ideal, as well as the trial court docket erred like a matter of law in denying his demand from customers.
¶ three In accordance with Moon, this scenario represents one of seventeen steps commenced against him by Bank to collect on notes and foreclose mortgages.
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00 certificate of deposit plus a mortgage over a five.sixty three acre tract of real home in Tulsa County, Oklahoma, that Moon defaulted in payment, and there remained a past because of unpaid harmony owing by Moon. Bank prayed for judgment around the Observe with desire accrued and accruing, software with the proceeds of the certificate of deposit for the financial debt, together with foreclosure of your mortgage on real property by sheriff's sale.
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¶ 39 Within this regard, the one evidentiary elements tendered by Moon had been attached to his amended answer. These materials consisted of assorted letters and e-mails by and concerning Moon's agent, Bank as well as possible lender concerning the pay-off quantities of the different notes, the consent of Moon's agent to apply the proceeds of two certificates of deposit to the quantities of interest thanks on the different notes, as well as the notice of Bank's election to training its suitable of setoff and apply the proceeds of your certificates of deposits to two of Moon's notes.
¶ 48 The trial court docket's Journal Entry of Judgment not only thoroughly adjudicates Bank's promises, but additionally exclusively denies Moon's counterclaims, “the Court docket possessing Earlier resolved the issue of [Moon's] breach of contract on the paperwork and devices which are the subject of this action by granting judgment towards the Plaintiff herein,” As a result “dispos[ing] of all statements of all functions hereto with judgment remaining entered in favor of Plaintiff.
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Appellants assert the trial courtroom erred in denying Moon's movement to vacate, As well as in denying Moon's objection to execution. Appellants also assert the trial courtroom erred in denying Brown's motion to intervene as assignee of Moon's “choses in motion.”
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