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STATE EX REL. DEPT. OF TRANSP. v. SHERRILL

No. 107,870. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 1.

276 P.3d 1060 (2012)

2012 OK CIV APP 43

STATE of Oklahoma, ex rel. DEPARTMENT OF TRANSPORTATION, Plaintiff/Appellant, v. Kenneth W. SHERRILL and Linda Sherrill, Defendants/Appellees.

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

Certiorari Denied April 23, 2012.

Attorney(s) appearing for the Case

Belva Brooks Barber , Barber & Barber, Poteau, Oklahoma, for Appellant.

Mark Edwards , The Edwards Law Firm, McAlester, Oklahoma, for Appellees.

LARRY JOPLIN, Vice-Chief Judge.

¶ 1 Plaintiff/Appellant State of Oklahoma, ex rel. Department of Transportation appeals the granting of a judgment on a jury verdict for Defendants/Appellees Kenneth W. Sherrill and Linda Sherrill (Landowners) in DOT's condemnation action. In this appeal, DOT asserts the trial court erred in denying its motion for mistrial because (1) the jury verdict was substantively flawed and (2) the trial court erred in allowing Landowners...

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