“A party asserting a claim to relief as an original claim, counterclaim, cross-claim, or third-party claim, may join, either as independent or as alternate claims, as many claims, legal or equitable, as he has against an opposing party.” (See A-Plus Janitorial Carpet Cleaning v. Tewca (1997) 936 P.2d 916, 928 n.38.)
“Misjoinder of parties is not ground for dismissal of an action. Parties may be dropped or added by order of the court on motion of any party or of its own initiative at any stage of the action and on such terms as are just. Any claim against a party may be severed and proceeded with separately." (See id.)
“The terms of 12 O.S. 1991 subsection 2020[12-2020](A) allow the permissive joinder of parties.” (See id.)
“Because subsection 2020 parallels the language of Federal Rule 20, both state and federal jurisprudence on the subject is instructive.” (See id.)
“Federal Rule 20(a) imposes two requisites for the joinder of parties: (1) a right to relief must be asserted by or against each plaintiff or defendant relating to or arising out of the same transaction or occurrence; and (2) some question of law or fact common to all the parties will arise in the action.” (See id.)
“There is no rigid rule on what constitutes the same series of transactions or occurrences for purposes of joinder under Federal Rule 20.” (See id.)
“The rule is to be construed liberally in order to promote trial convenience and to expedite the final determination of disputes, all with a view to preventing multiple lawsuits.” (See id.)
“We review a district court's joinder of counts or denial of severance for an abuse of discretion.” (See Smith v. State (2007) 157 P.3d 1155, 1164.)
“Absent an abuse of discretion resulting in prejudice, the decision of a trial court to grant or deny severance [or joinder] will not be disturbed on appeal.” (See id.)
It is well settled that “the terms of subsection 2021 provide that misjoinder of parties is not a ground for dismissal. The correct remedy for misjoinder is to drop (or remove) the party who has been incorrectly joined.” (See A-Plus Janitorial Carpet Cleaning v. Tewca (1997) 936 P.2d 916, 927.)
It is also well settled that “when actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated; and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” (See id.)
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i vi IN THE DISTRICT COURT OF BRYAN COUNTY . STATE OF OKLAHOMA UN 18 202) TRAMMELL CONSTRUCTION LLC, ) an Oklahoma Limited Liability Company ) 5 Plaintiff, ) : ) -Vvs- ) Case No. CV-2021-47 ) WILLIAM JACKIE ODEN ) ) and ) ) THERESA ODEN, ) Defendants. ) and ) ) BRYAN COUNTY ABSTRACT COMPANY, ) Necessary Party. ) RESPONSE, MOTION FOR JOINDER OF NECESSARY PARTIES, AND COUNTERCLAIM COMES NOW, Defendants William Jackie Oden and Theresa Oden, husband and wife, by and through their attorney of rec
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IN THE DISTRICT COURT OF AND FOR PONTOTOC COUNTY STATE OF OKLAHOMA GEOFFREY S. MOON, Plaintiff, vs. ANDREW J. MOON, individually, and in his capacity as Trustee of the Barbara Galvin Moon Trust dated April 12, 1995, and in his capacity as Trustee of the Geoffrey S. Moon Trust, and in his capacity as Co-Manager of the Galvin Family, LLC, an Oklahoma Limited Liability Company; and BILL R. MOON, individually, and in his capacity as Co-Manager of the Galvin Family LLC, an Oklahoma Limited
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IN THE DISTRICT COURT OF BRYAN COUNTY STATE OF OKLAHOMA MARSHA DELOIS HOWARD, a/k/a MARSHIA DELOIS HOWARD Plaintiff, - VS - Case No. CV-2018-67 MERINA DIANN SIMS; JANET CARROLL CAIN; and GLYNDA M. HULL, deceased, Defendants. FILE D BRYAN COUNTY, OKLAHOMA DISTRICT COURT CLERK AND Third Party Plaintiff DONNA ALEXANDER COURT CLERK evn Ws meee Bonuly AND ) ) ) ) ) ) ) ) ) ) ) } JANET CARROLL CAIN, ) MAR 19 2018 ) ) ) ) IRA DALE HULL, deceased; ) MEGAN KAY HULL; ) JOSHU
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IN THE DISTRICT COURT OF BRYAN COUNTY STATE OF OKLAHOMA MARSHA DELOIS HOWARD, a/k/a MARSHIA DELOIS HOWARD Plaintiff, -VS = MERINA DIANN SIMS; JANET CARROLL CAIN; and GLYNDA M. HULL, deceased, Defendants. AND JANET CARROLL CAIN, Third Party Plaintiff. AND IRA DALE HULL, deceased; MEGAN KAY HULL; JOSHUA DALE HULL; LINDSEY RENEE HULL; and GLYNDA M. HULL REVOCABLE LIVING TRUST, and the STATE OF OKLAHOMA Ex Rel, OKLAHOMA TAX COMMISSION, Third Party Defendants. ) RESPONSE. Ro FoR yomnen O
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IN THE DISTRICT COURT OF MURRAY COUNTY F i L E D STATE OF OKLAHOMA RAY CCUNTY, OKLAHOMA MAY 3 0 9017 MATTHEW NUNLEY GHRISTIE PITTMAN, Court Clerk Petitioner, ) Wo Deputy vs. ) Case No.: — FD-2017-29 ) HEATHER NUNLEY ) ) Respondent. ) ORDER FOR JOINDER OF NECESSARY PARTIES ew eK OF NECESSARY PARTIES This matter comes before this COURT on the 11" day of May, 2017. Upon hearing testimony that the minor child is currently enrolled in the SoonerCare Program, it is necessary that Oklahoma Child Sup
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Os IN THE DISTRICT COURT OF LOGAN COL? STATE OF OKLAHOMA IN RE THE MARRIAGE OF: LINDA KAY WEST, Petitioner, Case Ne FD-2010-161 Judge Louis Duel and JOHN WEST, SR., Ml Mt 5 & ana I Respondent and LINDA K. WEST AND JANE A. HIER, AS TRUSTEES OF THE BRUCE A. HANLIN REVOCABLE TRUST, U/A DTD OL/L1/1995, Third Party Defendants. RESPONDENT’S MOTION FOR JOINDER OF TH. PARTY DEFENDANT COMES NOW the Respondent, John West, Sr. and pursuant to 12 0.8. 2019, moves this Court for an Order adding Linda K.
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