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STATE EX REL. DEPARTMENT OF TRANSPORTATION v. UNITED COMMERCIAL PROPERTIES, INC.

No. 104,720. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 2.

214 P.3d 810 (2008)

2008 OK CIV APP 109

STATE of Oklahoma ex rel., DEPARTMENT OF TRANSPORTATION, Plaintiff/Appellee, v. UNITED COMMERCIAL PROPERTIES, INC., an Oklahoma corporation, Defendant/Appellant.

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

November 25, 2008.

Attorney(s) appearing for the Case

Thomas Jot Hartley, Daniel Thomas Giraldi, The Hartley Law Firm, PLLC, Vinita, OK, for Plaintiff/Appellee.

Kim Ellis Ritchie, Ryan M. Roberts, The Ritchie Law Firm, Pryor, OK, for Defendant/Appellant.

JOHN F. FISCHER, Judge.

¶ 1 United Commercial Properties, Inc., appeals from the district court's Order for Payment of Defendant's Attorney Fees, Witness Fees and Costs.1 The sole issue presented in this appeal is whether the district court erred in denying the fees incurred by United in regard to its employment of an appraisal expert who did not testify at trial. Based on our review of the record on appeal and applicable law, we...

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