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BILBY v. CARES

No. 102,640.

149 P.3d 1093 (2006)

2006 OK CIV APP 143

Gala BILBY, as Personal Representative of the Estate of Michael Bilby, Deceased, Plaintiff/Appellee, v. CLAREMORE AMBULANCE RESCUE AND EMERGENCY SERVICES, INC., Defendant/Appellant.

Court of Civil Appeals of Oklahoma, Division No. 2.

October 24, 2006.

Attorney(s) appearing for the Case

Marylinn M. Gravis, Tulsa, OK, for Plaintiff/Appellee.

Michael J. Masterson, David R. Smith, Wilburn & Masterson, Tulsa, OK, for Defendant/Appellant.

Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 2.

Opinion by JANE P. WISEMAN, Presiding Judge.

¶ 1 We are presented in this appeal with two questions: (1) Is Appellant the prevailing party under 12 O.S.2001 § 940, and (2) if Appellant is the prevailing party, what items are recoverable under this section and when does Appellant's right to recover these items accrue? Our review of the record and applicable...

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