In the long run, Lender claims they classified new notice while the an agricultural financing secured because of the farmland
¶8 A motion so you’re able to think again, if the submitted inside ten (10) days of the transaction, is the useful equivalent of a movement for brand new trial. Strubhart v. Perry Mem’l Hosp. Faith Auth., 1995 Ok ten, ¶ sixteen, 903 P.2d 263, 269. Yet another trial , § 651. The latest demonstration court’s choice to help you refuse a movement for new demo will not be disrupted missing a punishment regarding discretion. Evers v. FSF Overlake Assoc., 2003 Okay 53, ¶ 6, 77 P.three-dimensional 581, 585.
Homeowners have displayed evidentiary material enough to delicate a debated question of-fact regarding aim of the mortgage and you may whether or not it was generally to possess an individual otherwise business goal
¶nine The new propriety of your trial court’s assertion of the actions for new demo sleeps on the correctness of one’s court’s give from sumine because of the de novo comment the latest demonstration court’s choice to the bottom line wisdom to help you determine whether the fresh trial legal abused their discernment in the denying the fresh new activity to possess reconsideration. Evers, 2003 Ok 53, within ¶ 6, 77 P.three dimensional in the 583. „Bottom line wisdom is suitable in which it appears there is no large conflict about one procedure facts and something party try titled to help you view because an issue of law.“ Town of Enid v. Personal Personnel Rel. Bd., 2006 Ok 16, ¶ 5, 133 P.three dimensional 281, 284-85; select and additionally Crockett v. Continue Reading