Dispositions Other Than By Published Opinion | March 22, 2023
Oklahoma Court of Civil Appeals
Division I
Division II
120,689 – LPP Mortgage, Inc., Plaintiff/Appellee, v. Lori-Ann Krieger-Baier, Defendant/Appellant, and Spouse of Lori-Ann Krieger-Baier, if Married; John Doe, as Occupant of the Premises; Jane Doe, as Occupant of the Premises; State of Oklahoma ex rel. Oklahoma Tax Commission; and White’s Roofing, LLC, Defendants. Appeal from the District Court of Texas County, Hon. Jon K. Parsley, Trial Judge. In this foreclosure action, Appellant Lori-Ann Krieger-Baier appeals from a Journal Entry of Judgment (Judgment) granting summary judgment to Appellee LPP Mortgage, Inc., and from the trial court’s Order in which it denied her motion to dismiss LPP’s amended petition and granted LPP’s motion to dismiss Appellant’s counterclaims. We conclude the trial court erred in denying Appellant’s motion to dismiss LPP’s action pursuant to 12 O.S. Supp. 2017 § 2004(I) because it failed to serve Appellant within 180 days of filing its petition. Further, even assuming the trial court could consider a good cause request made outside the 180-day period from the filing of the petition, the trial court abused its discretion in finding that LPP demonstrated good cause for its failure to serve Appellant within the 180-day period. Because the trial court erred in denying Appellant’s motion to dismiss, the subsequent Order granting LPP’s motion to dismiss Appellant’s counterclaims and its Judgment denying Appellant’s application to certify the interlocutory Order for appeal and granting summary judgment to LPP are without effect and vacated. Accordingly, we reverse, vacate, and remand with directions to dismiss LPP’s amended petition and Appellant’s counterclaims. REVERSED, VACATED, AND REMANDED WITH DIRECTIONS. Opinion from Court of Civil Appeals, Division II, by BARNES, V.C.J.; WISEMAN, P.J., and HIXON, J., concur. March 21, 2023
Division III
Division IV