Eric Von Tiergen v. Phyllis Ray Lyons

Eric Von Tiergen sued Phyllis Ray Lyons on a breach of contract theory.



The Statement of the Case read to the jury by Judge Sellers stated:



Each party to this action claims to be entitled to damages from the other.



The parties to this case are the Plaintiff, Eric Von Tiergen, and the Defendant, Phyllis Ray Lyons.



The Plaintiff claims that the Defendant made an oral contract to repay money he loaned her and that she breached the contract by not repaying that money when her divorce was final.



The Defendant denies that any money paid to her or on her behalf was a loan and denies that she promised to repay any money.



As a counterclaim against Plaintiff, Defendant further claims that she paid Plaintiff money to invest and he collected condominium rents and he never accounted for nor repaid those funds to her, but instead converted those funds to his own use.



The Plaintiff denies the counterclaim of the Defendant.



These are the issues you are to determine.

01-09-2014 DISPJD 1 LYONS, PHYLLIS RAY 88057601 Jan 15 2014 10:04:29:617AM - $ 0.00 SELLERS, JEFFERSON D.: CASE CALLED FOR JURY TRIAL. BOTH SIDES PRESENT IN OPEN COURT AND ANNOUNCE READY FOR TRIAL. PLAINTIFF PRESENT AND REPRESENTED BY CECIL DRUMMOND. DEFENDANT PRESENT AND REPRESENTED BY BUCK BARLOW. THE JURORS ARE CALLED AND SWORN TO THEIR QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE.



OPENING STATEMENTS ARE MADE. 10 WITNESS SWORN. RULE WAS NOT INVOKED. REPORTER LYNETTE QUETONE. PLAINTIFF PRESENTS EVIDENCE AND RESTS. DEFENDANT PRESENTS EVIDENCE AND RESTS. THE JURY IS INSTRUCTED AS TO THE LAW. CLOSING ARGUMENTS ARE MADE. THE SWEARING OF THE BAILIFF IS WAIVED AND AT 10:20 AM THE JURY RETIRES FOR DELIBERATION IN CUSTODY OF THE BAILIFF. AT 1:40 PM THE JURY RETURNS INTO OPEN COURT WITH THEIR VERDICT WHICH IS READ IN OPEN COURT, ORDERED RECORDED AND FILED, AND IS, TO WIT: “WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF THE DEFENDANT, PHYLLIS RAY LYONS, ON HER COUNTERCLAIM FOR CONVERSATION AND FIX THE DOLLAR AMOUNT OF HER DAMAGES IN THE SUM OF $5,000.00, AND ON PLAINTIFF’S CLAIM FOR BREACH OF CONTRACT.



01-15-2014 TEXT



STATEMENT OF THE CASE AND INSTRUCTIONS OF LAW SUBMITTED THIS 9TH DAY OF JAN 2014 SIGNED BY JUDGE JEFFERSON D SELLERS



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01-15-2014 TEXT



JURY MINUTE



Document Available at Court Clerk's Office



01-15-2014 V



BLUE VERDIT FORM - CONVERSON - COUNTERCLAIM ( SIGNED BY FOREPERSON)



Document Available at Court Clerk's Office



01-15-2014 V



PICK VERDICT FORM - BREACH OF CONTRACT ( SIGNED BY FOREPERSON)



Document Available at Court Clerk's Office



01-15-2014 V



PINK VERDICT FORM--CONVERSION -- COUNTERCLAIM / NOT SIGNED



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01-15-2014 V



BLUE VERDICT FORM--BREACH OF CONTRACT / NOT SIGNED



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01-21-2014 MO



PLAINTIFFS MOTION FOR JUDGMENT NOTWITHSTANDING VERDICT OR IN THE ALTERNATIVE MOTION FOR NEW TRIAL (THRU PLNT ATTY)



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$ 33.00

01-21-2014 OCISR



OKLAHOMA COURT INFORMATION SYSTEM REVOLVING FUND

$ 25.00

01-21-2014 OCJC



OKLAHOMA COUNCIL ON JUDICIAL COMPLAINTS REVOLVING FUND

$ 2.00

01-21-2014 CCADMIN02



COURT CLERK ADMINISTRATIVE FEE ON $2 COLLECTIONS

$ 0.20

01-21-2014 OCASA



OKLAHOMA COURT APPOINTED SPECIAL ADVOCATES

$ 5.00

01-21-2014 CCADMIN04



COURT CLERK ADMINISTRATIVE FEE ON COLLECTIONS

$ 0.50

01-21-2014 ACCOUNT



RECEIPT # 2014-2764610 ON 01/21/2014.

PAYOR:SUCACE AMERICA INC TOTAL AMOUNT PAID: $65.70.

LINE ITEMS:

CJ-2008-3586: $33.00 ON AC01 CLERK FEES.

CJ-2008-3586: $0.70 ON AC31 COURT CLERK REVOLVING FUND.

CJ-2008-3586: $5.00 ON AC58 OKLAHOMA COURT APPOINTED SPECIAL ADVOCATES.

CJ-2008-3586: $2.00 ON AC59 OKLAHOMA COUNCIL ON JUDICIAL COMPLAINTS REVOLVING FUND.

CJ-2008-3586: $25.00 ON AC79 OCIS REVOLVING FUND.



02-06-2014 RESP



RESPONSE TO PLAINTIFF'S MOTION FOR JUDGMENT NOTWITHSTANDING VERDICT OR IN THE ALTERNATIVE MOTIN FO RNEW TRIAL / A TO J / CERTIFICATE OF MAILING



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LYONS, PHYLLIS RAY

02-12-2014 CTFREE



SELLERS, JEFFERSON D.: JUDGMENT ENTERED.



02-13-2014 CTFREE



SELLERS, JEFFERSON D.: PLAINTIFF'S MOTION FOR JUDGMENT NOTWITHSTANDING VERDICT IS SET FOR HEARING ON 3-19-14 AT 10:30 AM. NOTICE TO: CECIL DRUMMOND, BUCKLEY BARLOW



02-14-2014 NOH



NOTICE OF HEARING / SEE ABOVE ENTRY / AFFIDAVIT OF MAILING



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02-19-2014 JUDG



JUDGMENT BY DEF ON HER CONVERSION CLAIM AND GRANTED HER A JUDGMENT AGAINST PLF SUM OF $5,000.00



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VON TIERGEN, ERIC

02-19-2014 STAY



STAY EXECUTION UNTIL MARCH 1,2014



02-27-2014 CTFREE



SELLERS, JEFFERSON D.: PER PHONE CALL WITH BUCK BARLOW AND BY AGREEMENT MOTION FOR NEW TRIAL RESET FOR HEARING ON 3-25-14 AT 1:30 PM.



03-14-2014 AFD



AFFIDAVIT OF BUCKLEY W BARLOW



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LYONS, PHYLLIS RAY

03-14-2014 APLI



DEFT'S APPLICATION FOR ATTORNEY'S FEES & COSTS



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LYONS, PHYLLIS RAY

03-25-2014 CTFREE



SELLERS, JEFFERSON D.: HEARING HELD. CECIL DRUMMOND APPEARS FOR PLAINTIFF BUCK BARLOW APPEARS FOR DEFENDANT. LYNETTE QUETONE COURT REPORTER. DECISION BY MINUTE ORDER.



03-24-2016 CTFREE



SELLERS, JEFFERSON D.: ORDER ENTERED SETTING APPLICATION FOR ATTORNEY FEES AND COSTS FOR HERING ON 4-25-16 AT 1:30 PM.



04-18-2016 CTFREE



SELLERS, JEFFERSON D.: PER PHONE CALL WITH BUCK BARLOW AND BY AGREEMENT ATTORNEY FEE HEARING IS PASSED TO 5-31-16 AT 1:30 PM.



05-17-2016 CTFREE



SELLERS, JEFFERSON D.: PER PHONE CALL WITH BOTH PARTIES ATTORNEY FEE HEARING IS RESET ON 6-9-16 AT 1:30 PM.



06-09-2016 CTFREE



SELLERS, JEFFERSON D.: CASE COMES ON FOR HEARING. CECIL DRUMMOND APPEARS FOR PLAINTIFF BUCK BARLOW APPEARS FOR DEFENDANT. ATTORNEY FEE HEARING IS RESET ON 6-14-16 AT 1:30 PM



06-14-2016 CTFREE



SELLERS, JEFFERSON D.: HEARING HELD. CECIL DRUMMOND APPEARS FOR PLAINTIFF BUCK BARLOW APPEARS FOR DEFENDANT. MOTION FOR JUDGMENT NOTWITHSTANDING VERDICT IS GRANTED IN PART AND DENIED IN PART. MOTION FOR NEW TRIAL DENIED. ATTORNEY FEES AWARDED DEFENDANT. JOURNAL ENTRY TO BE SUBMITTED BY DEFENDANT.



On June 14, 2016 Judge Sellers awarded Ms. Lyons $77,000 in attorney fees and costs.