KENNETH L. BUETTNER, Presiding Judge.
¶ 1 Plaintiff/Appellant HSRE-PEP I, LLC (HSRE) appeals the trial court's order denying its application for attorney fees and costs based on 42 O.S.2011 § 176. After de novo review, we hold that HSRE is not entitled to an award of attorney fees against Defendant/Appellee Benefit Bank, because Benefit Bank is an incidental defendant, not the principal defendant. The trial court's order is AFFIRMED.
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