Supreme Court of Oklahoma, 1991

Monnet v. Freeman

Monnet v. Freeman
Supreme Court of Oklahoma · Decided September 19, 1991 · Doolin, Hargrave, Hodges, Kauger, Lavender, Opala, Simms, Summers, Wilson
821 P.2d 1061; 1991 OK 90; 1991 Okla. LEXIS 152; 1991 WL 287293 (Pacific Reporter, Second Series)

Monnet v. Freeman

Opinion of the Court

ORDER DENYING RELIEF

The court treats the paperwork on file both as an application to invoke its original jurisdiction under Art. 7, § 4, Okl. Const., and as the petitioner’s quest for this court’s administrative review — in the exercise of powers conferred upon it by Art. 7, § 6, Okl. Const. — of petitioner’s assignment by the respondent to the probate division of the District Court, Oklahoma County.

On consideration of the paperwork laid before it, the court denies the relief sought. Art. 7, § 10(b), Okl. Const.; 20 O.S.1981 § 23, subdiv. (2); Rule 2, Rules on Administration of Courts, 20 O.S. 1981, Ch. 1, App. 2; Graham v. Cannon, Okl., 574 P.2d 305, 309 [1978],

OPALA, C.J., HODGES, Y.C.J., and SIMMS, HARGRAVE and ALMA WILSON, JJ., concur. KAUGER and SUMMERS, JJ., concur in result. LAVENDER and DOOLIN, JJ., dissent.

Concurring Opinion

SUMMERS, Justice

with whom KAUGER, Justice joins, concurring in result.

I would assume original jurisdiction and deny Petitioner the relief sought based upon the authorities as cited by the majority in its Order. That having been done I would view as unnecessary any action of an administrative nature.

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