VCF v. MCCLELLAN

Nos. 96,105, 96,610.

69 P.3d 274 (2002)

2003 OK CIV APP 27

VOLVO COMMERCIAL FINANCE LLC THE AMERICAS, successor in interest to Volvo Commercial Finance Inc. The Americas, formerly known as Volvo Truck Finance North America, Inc., Plaintiff/Appellant, v. Charles McCLELLAN, d/b/a B & C Auto, an individual; Harold Wiggins, an individual, deceased, and his known and unknown heirs, successors and assigns; Michael Wiggins, an individual, surviving son of Harold Wiggins; State of Oklahoma ex rel Oklahoma Tax Commission; Houdek Enterprises, Inc., a Texas corporation; and Firstar Equipment Finance Corporation, a Delaware corporation, Defendants/Appellees.

Court of Civil Appeals of Oklahoma, Division No. 1.

October 23, 2002.


Attorney(s) appearing for the Case

John B. Heatly, Oklahoma City, OK, for Plaintiff/Appellant.

Jason D. Leonard, Carlton Dimery, Oklahoma City, OK, for Defendant/Appellee, Charles McClellan.

Douglas B. Allen, General Counsel, Alfred L. Bowman, Assistant General Counsel, Oklahoma City, OK, for Defendant/Appellee, Oklahoma Tax Commission.

Max C. Tuepker, Shawnae E. Proctor, Oklahoma City, OK, for Defendant/Appellee, Houdek Enterprises, Inc.

James Vogt, Oklahoma City, OK, for Defendant/Appellee, Firstar Equipment Finance Corporation.


Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 1.

OPINION

CARL B. JONES, Judge:

¶ 1 These appeals arise from a declaratory judgment and replevin action brought by Plaintiff, Volvo Commercial Finance LLC The Americas (VCF), relating to a non-judicial foreclosure of a storage lien against a 1998 Volvo Truck/Tractor (Case No. 96,105) and an order awarding prevailing party attorney fees against VCF (Case...

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