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1999 OK 65

Wilson v. Wilson

Supreme Court of Oklahoma

Decided July 6, 1999

Supreme Court of Oklahoma · decided 1999-07-06

Cited by 11 later decisions — most recently May 2019

11 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1999-07-06

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*1216SIMMS, J.,

¶1concurring in part, dissenting in part:

¶2¶ 1 I must respectfully dissent from the majority’s decision insofar as it remands this matter to the trial court for further proceedings under 43 O.S.1991, § 134 D. I would affirm the trial court’s award of support alimony and denial of Orlan’s motion to modify the award based on its finding that § 134 C, under which Orlan brought his motion, was the only applicable statute and he did not prove his case. These statutory subsections, C and D of § 134, are, as the majority points out, separate and independent. I believe that if they are they are not kept so, confusion and perhaps mischief will result as this case illustrates. This motion to modify was brought under the explicit provisions of § 134 C and the parties and the trial court considered that to be the only applicable statute. In my opinion, the scope of that hearing did not change because Lacretia was forthcoming and revealed her whole financial status when asked.

¶3I am authorized to state that Justice KAUGER joins with the views expressed herein.

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