CUNNINGHAM v. PUBLIC SERVICE CO.

No. 72123.

834 P.2d 974 (1992)

Roger L. CUNNINGHAM and Georgia S. Cunningham, Appellees, v. PUBLIC SERVICE COMPANY OF OKLAHOMA and Statewide Service Company, Inc., Appellants.

Supreme Court of Oklahoma.

July 14, 1992.


Attorney(s) appearing for the Case

Serge Novovich, Tulsa, for appellees.

A.M. Covington, Tulsa, for appellants.


ALMA WILSON, Justice.

The dispositive issue in this appeal is whether the trial court had jurisdiction to entertain the post-appeal motion for attorney fees, filed before mandate, where the trial court denial of a motion for attorney fees by the party was raised on appeal but not settled by the appellate opinion. We hold that in the unusual posture, narrowly delimited by the proceedings in this case, the trial court had jurisdiction over the

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