Watson v. Gibson Capital, L.L.C., 2008 OK 56

Summary

The Oklahoma Supreme Court held that a party represented by counsel of record may not independently file papers in the case without the attorney's signature or prior discharge from the representation. Applying this rule, the court held that the plaintiff's client-filed dismissal was facially ineffective and affirmed the trial court's order setting it aside.

Holdings

1. A party represented by counsel of record may not act independently as his or her own attorney in the case unless the attorney has first been discharged and that discharge appears of record.
2. A dismissal filed solely by a represented client, without joinder by counsel of record and without prior discharge of counsel appearing of record, is facially ineffective and does not terminate the action.
3. A correct trial-court decision may be affirmed when the record supports a correct legal basis, even if the trial court relied on an incorrect or inapplicable reason.

Questions Presented

1. Whether a party represented by counsel of record may independently file papers in an active case without the signature or joinder of counsel.
2. Whether a dismissal filed solely by a represented client is effective under 12 O.S. Supp. 2004, § 684.
3. Whether the trial court properly set aside or refused to recognize the client-filed dismissal.

Disposition

vacated