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Oklahoma Supreme Court vacates summary judgment against Terry B. Noble, orders new proceedings

Supreme Court of Oklahoma · September 30, 2025
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Summary

The Oklahoma Supreme Court held that attorney abandonment and procedural defects deprived Terry B. Noble of his day in court, vacating a $125,000-plus judgment and remanding the case for further proceedings; the court also reversed fee awards tied to the disputed judgment.

The Supreme Court of Oklahoma on Sept. 30, 2025 vacated a district-court summary judgment entered against Terry B. Noble in a dispute with homeowners and sent the case back for further proceedings, finding that counsel’s conduct and procedural errors denied Noble his day in court.

The opinion said the district court granted summary judgment after Noble failed to respond and then entered a journal entry awarding $75,000 in actual damages, $50,000 in punitive damages and $20,000 in attorney’s fees, even though the homeowners’ motion supporting summary judgment had sought $907 in damages. The court held those awards—entered without a post-judgment damages hearing—violated Noble’s statutory and due-process rights.

The court found that defects in defense counsel David E. Johnson’s representation were…

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