CITY OF OKLAHOMA v. FIRST AM. TITLE & TRUST

No. 110,268. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 1.

303 P.3d 902 (2012)

2013 OK CIV APP 42

The CITY OF OKLAHOMA CITY, Plaintiff, v. FIRST AMERICAN TITLE & TRUST COMPANY, Defendant/Cross-Defendant/Appellee, and Burns Paving Company, Defendant/Cross-Plaintiff/Appellant, and First American Title & Trust Company, Third Party Plaintiff, v. Methvin Enterprises, Inc., an Oklahoma corporation, and Jerl Methvin, individually, Third Party Defendants, and DPC Investments, LLC, Intervenor.

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

Rehearing Denied January 4, 2013.

Certiorari Denied January 23, 2013.


Attorney(s) appearing for the Case

Mark W. Kuehling , Kuehling Sexson, P.C., Oklahoma City, Oklahoma, for Defendant/Cross-Defendant/Appellee.

J. Kelly Work , Oklahoma City, Oklahoma, for Defendant/Cross-Plaintiff/Appellant.


KENNETH L. BUETTNER, Presiding Judge.

¶ 1 Defendant/Cross-Plaintiff/Appellant Burns Paving Company (Subcontractor) appeals from summary judgment granted in favor of Defendant/Cross-Defendant/Appellee First American Title & Trust Company (Surety). After Plaintiff, the City of Oklahoma City (Obligee), filed suit to recover on a subdivision bond given by Surety for Third-Party Defendant Methvin Enterprises, Inc. (Principal), Subcontractor and Surety litigated...

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