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

No. 105,787. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 1.

217 P.3d 165 (2009)

2009 OK CIV APP 63

STATE of Oklahoma ex rel., DEPARTMENT OF TRANSPORTATION, Plaintiff/Appellant, v. Bobby D. MOORE, d/b/a BobM3 Corporation, Defendant/Appellee, and Byllie D. McGill and Marcie L. McGill, Husband and Wife; Arvest Bank, f/k/a Victory National Bank; David Addingly and The Rogers County Treasurer, Defendants.

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

June 25, 2009.

Attorney(s) appearing for the Case

Barry K. Roberts, Norman, OK, and Tom R. Gann, Tulsa, OK, for Plaintiff/Appellant.

K. Ellis Ritchie, Ryan M. Roberts, K. Ellis Ritchie, P.C., Pryor, OK, for Defendant/Appellee.

ROBERT DICK BELL, Presiding Judge.

¶ 1 In this condemnation action, Plaintiff/Appellant, State of Oklahoma ex rel. Department of Transportation (ODOT) appeals the trial court's order denying ODOT's motion to tax costs against Defendant/Appellee, Bobby D. Moore, d/b/a BobM3 Corporation. ODOT sought an award of litigation costs pursuant to 69 O.S.2001 § 1203(e)(1), because Appellee demanded a jury trial and...

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