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Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com. Date: 06-26-2001 Case Style: GRP of Texas, Inc. v. Eateries, Inc. Case Number: 2001 OK 53 Judge: Summers Court: Supreme Court of Oklahoma Plaintiff's Attorney: Cheryl Hunter and Jon Epstein of Hall, Estill, Hardwick, Gable, Golden & Nelson, Oklahoma City & Tulsa, Oklahoma Defendant's Attorney: George D. Sherrill, Jr., of DeBois, Sherrill & Reynolds, Duncan, Oklahoma Description: The District Court of Oklahoma County, the Honorable Niles Jackson, vacated an arbitration award. That order was reversed in part and affirmed in part by the Court of Civil Appeals. After certiorari had been denied and prior to issuance of the mandate both parties claimed prevailing party status and sought appeal-related attorney’s fees. We deny the requests for an unconditional award of fees because no party is a prevailing party on the cause of action at this stage of the litigation. However, we hold that either party may seek appeal-related attorney’s fees conditioned upon that party making a timely showing in the trial court that the party has satisfied the requirements of statute or contract for the appeal and certiorari-related attorney’s fees requested. * * * Click the case caption above for the full text of the Court's opinion. Outcome: The District Court of Oklahoma County, the Honorable Niles Jackson, vacated an arbitration award. That order was reversed in part and affirmed in part by the Court of Civil Appeals. After certiorari had been denied and prior to issuance of the mandate both parties claimed prevailing party status and sought appeal-related attorney’s fees. We deny the requests for an unconditional award of fees because no party is a prevailing party on the cause of action at this stage of the litigation. However, we hold that either party may seek appeal-related attorney’s fees conditioned upon that party making a timely showing in the trial court that the party has satisfied the requirements of statute or contract for the appeal and certiorari-related attorney’s fees requested. Plaintiff's Experts: Unknown Defendant's Experts: Unknown Comments: None |
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