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GILBRAITH v. CLEVENGER

No. 102,966.

158 P.3d 1077 (2006)

2007 OK CIV APP 27

Dan Jay GILBRAITH, Plaintiff/Appellee, v. Amy CLEVENGER, f/k/a Amy Thomas, Defendant/Appellant, And, Oklahoma Department of Human Services, ex rel. Child Support Enforcement, Third-Party Defendant.

Court of Civil Appeals of Oklahoma, Division No. 1.

December 22, 2006.

Attorney(s) appearing for the Case

Betsy Ann Brown, Foshee & Yaffe, Oklahoma City, Oklahoma, and, Christi Lynn Chesley, Norman, Oklahoma, for Defendant/Appellant.

Phillip J. Tucker, Melodie Martin-Farris, The Tucker Law Firm, Edmond, Oklahoma, for Plaintiff/Appellee.

Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 1.

CAROL M. HANSEN, Judge.

¶ 1 In this paternity action, Appellant, Amy Clevenger (Mother) appeals from the trial court's order dismissing the action pursuant to the motion to dismiss filed by Appellee, Dan Jay Gilbraith (Father). We reverse because the trial court erred in determining, as a matter of law, a preexisting obligation for child support could not be ordered...

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