HSRE-PEP I LLC v. HSRE-PEP CRIMSON PARK LLC

Nos. 110,288, 109,777. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 1.

304 P.3d 461 (2013)

2013 OK CIV APP 38

HSRE-PEP I, LLC, a Delaware limited liability company, substituted as Plaintiff for First United Bank and Trust Co., an Oklahoma banking association, Plaintiff/Appellant, v. HSRE-PEP CRIMSON PARK LLC, a Delaware limited liability company, substitute as Defendant for First United Property Holding Company, LLC, Series B, a series of First United Property Holding, LLC, an Oklahoma limited liability company; Benefit Bank, Frisco Branch; Airtime Inc., an Oklahoma corporation; Mitchell Gee, an individual; Saundra Deselms, Treasurer for Cleveland County, Oklahoma; and the Board of County Commissioners of Cleveland County, Oklahoma, Defendants, and Benefit Bank, Plaintiff/Appellee, v. Aduddell Development Group, LLC; ODGOU, LLC; First United Bank & Trust Co.; First United Property Holding Company, LLC, Series B, a series of First United Property Holding Company, LLC; Mitchell Gee d/b/a Airtime, Inc.; Gary D. Brooks; Kenny W. Thomas; David W. Aduddell; and J. Glenn Rankin, Defendants.

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

Certiorari Denied April 15, 2013.


Attorney(s) appearing for the Case

Rob F. Robertson , John M. Krattiger , Gable Gotwals, Oklahoma City, Oklahoma, for Plaintiff/Appellant HSRE-PEP I, LLC.

Lyle R. Nelson , Nicholas A. Johnson , Elias, Books, Brown & Nelson, P.C., Oklahoma City, Oklahoma, for Defendant/Appellee Benefit Bank.


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.

¶...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases