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Von Stilli v. Young

203 Okla. 86 (Okla. 1950)
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Von Stilli v. Young

11 Citing cases

  1. Roads West, Inc. v. Austin

    91 P.3d 81 (Okla. Civ. App. 2003)   Cited 39 times

    We will not consider questions not presented to and passed upon by the trial court. Von Stilli v. Young, 1950 OK 137, 203 Okla. 86, 219 P.2d 224, 228. II

  2. Graham v. Keuchel

    1993 OK 6 (Okla. 1993)   Cited 89 times
    Holding patient's knowledge of importance of her blood type and need to receive Rho-GAM shot during pregnancy but failure to advise doctors during her fifth pregnancy was some evidence of contributory negligence

    On appeal this court will not pass upon issues or questions not raised by the pleadings, not presented to, and passed upon by the trial court unless it is critical to a complete resolution of the issues before it. Von Stilli v. Young, 203 Okla. 86, 219 P.2d 224 (1950). Oklahoma has adopted "modified" comparative negligence. 23 O.S. 1991 §§ 13[ 23-13], 14 [ 23-14].

  3. Local Federal Savings & Loan Ass'n v. Davidson & Case Lbr. Co.

    1952 OK 452 (Okla. 1953)   Cited 14 times
    In Local Federal Savings Loan Ass'n v. Davidson Case Lumber Co., 208 Okla. 155, 255 P.2d 248, the obligation of the mortgagee was to advance certain percentages of the loan at three levels of construction.

    Valentine was given a mechanics lien, and the question as to whether or not he was entitled to such lien was never raised in the trial proceedings or in the motions for a new trial or in this court on appeal. Since the question was not raised, it will not be considered by this court. Von Stilli v. Young, 203 Okla. 86, 219 P.2d 224. The decree granted the plaintiff, Wallace, and the defendant, Grimmett, coequal rights, superior to all other lien claimants.

  4. Hotel v. Certain Underwriters at Lloyd's of London

    2015 OK Civ. App. 34 (Okla. Civ. App. 2015)

    We will not review questions not presented to and passed upon by the trial court. Von Stilli v. Young, 1950 OK 137, 219 P.2d 224, 228. Nor will we review a question that is not properly preserved by an adequate record. Hamid v. Sew Original, 1982 OK 46, ¶7, 645 P.2d 496, 497.

  5. Hotel v. Certain Underwriters at Lloyd's of London

    348 P.3d 216 (Okla. Civ. App. 2014)   Cited 11 times
    Explaining the Act "does not establish standards of care or standards of conduct for measuring whether an insurer has violated its duty of good faith and fair dealing" and the "Act may provide guidance to a trial court in determining whether to grant summary judgment, but it does not function as an appropriate guide for a jury to determine bad faith."

    We will not review questions not presented to and passed upon by the trial court. Von Stilli v. Young, 1950 OK 137, 203 Okla. 86, 219 P.2d 224, 228. Nor will we review a question that is not properly preserved by an adequate record. Hamid v. Sew Original, 1982 OK 46, ¶ 7, 645 P.2d 496, 497.

  6. Taylor v. State (In re Guardianship of R.T.)

    278 P.3d 1063 (Okla. Civ. App. 2012)

    We will not review questions not presented to and passed upon by the trial court. Von Stilli v. Young, 1950 OK 137, 203 Okla. 86, 219 P.2d 224, 228. However, we note that in responding to these issues on appeal, State's attorney appears to have obtained an ex parte nunc pro tunc order from the trial court in violation of Rule 3.5(b) of the Rules of Professional Conduct, 12 O.S.2011, Ch.1, App.3–A, and attached it to her brief in violation of Rule 1.11(i)(1) of the Oklahoma Supreme Court Rules, 12 O.S.2011, Ch. 15, App.1. The improper attachments to State's brief are stricken.

  7. Edwards v. Urice

    220 P.3d 1145 (Okla. Civ. App. 2008)   Cited 5 times

    We will not review questions not presented to and passed upon by the trial court. Von Stilli v. Young, 1950 OK 137, 203 Okla. 86, 219 P.2d 224, 228. V

  8. Public Supply Co. v. Steenbock

    2009 OK Civ. App. 20 (Okla. Civ. App. 2008)

    We will not review questions not presented to and passed upon by the trial court. Von Stilli v. Young, 1950 OK 137, 219 P.2d 224, 228. V

  9. Marlin Oil Co. v. Barby Energy Corp.

    55 P.3d 446 (Okla. Civ. App. 2002)   Cited 3 times

    ¶ 8 We will not review questions not presented to and passed upon by the trial court. Von Stilli v. Young, 1950 OK 137, 203 Okla. 86, 219 P.2d 224. As an appellate court, our function is to correct error. Unless there is presentation of the question to the trial court and a subsequent erroneous determination of that question, there is no error to correct on appeal. Durocher v. Nelson Stone Co., Inc., 1999 OK CIV APP 23, 978 P.2d 371, 372-373.

  10. In re Adoption of M.C.D

    42 P.3d 873 (Okla. Civ. App. 2001)   Cited 7 times

    We will not otherwise consider issues not presented to and passed upon by the trial court. Von Stilli v. Young, 1950 OK 137, 203 Okla. 86, 219 P.2d 224. ¶ 35 Husband's ninth contention of error is that the trial court abused its discretion in refusing to allow C.D.M.D. to testify as a rebuttal witness.