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TAL TECHNOLOGIES v. L.D. RHODES OIL CO.

No. 91,337.

4 P.3d 1256 (2000)

2000 OK 38

TAL TECHNOLOGIES, INC., Plaintiff/Appellant, v. L.D. RHODES OIL CO., an Oklahoma corporation; L.D. Rhodes, an individual; John Does Nos. 1-10; ABC Corp., DEF Corp. and GHI Corp., being certain unknown persons and business entities fictitiously named, Defendants/Appellees.

Supreme Court of Oklahoma.

May 16, 2000.

Attorney(s) appearing for the Case

Bob Lake Grove, Oklahoma City, Oklahoma, for Appellant.

Allen Campbell, Thomas J. Daniel IV, R. Todd Waddell, Oklahoma City, Oklahoma, for Appellees.

HARGRAVE, V.C.J.

¶ 1 The dispositive issue before us is whether a motion for sanctions was untimely where the appellees failed to comply with the "safe harbor" provision of title 12 O.S. Supp. 1994 § 2011(C)(1)(a). We hold that it was. The motion for sanctions was not served upon the plaintiff twenty-one (21) days prior to filing the motion for sanctions with the trial court. The motion for sanctions was filed with...

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