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2007 OK CIV APP 91

Deleon v. Avery

Court of Civil Appeals of Oklahoma

Decided February 1, 2007

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Court of Civil Appeals of Oklahoma · decided 2007-02-01

Cited by 2 later decisions — most recently November 2022

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2007-02-01

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BUETTNER, J.,

¶1specially concurring:

¶2The trial court denied Loman's quest for life insurance proceeds in a well reasoned opinion. We might disagree that the effect of the December 4, 2008 order was to replace or modify the Automatic Temporary Injunetion, as contemplated by 48 0.8.2001 § (A)(8) and (5). However, the trial court held that even if changing beneficiaries was specifically prohibited, the only method for determining a penalty for such a violation would have been a citation for contempt filed prior to Deleon's death, and a retention of jurisdiction by the trial court in accordance with 43 0.8.2001 § 110(c).

¶3I agree that under the facts of this case, Loman has failed to show that the change of beneficiary was void or voidable, and therefore she was not entitled to the relief requested.

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