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DOWELL v. PLETCHER

No. 110,773.

304 P.3d 735 (2013)

2013 OK 39

Jerry DOWELL, d/b/a Jerry Dowell Bail Bonding Company, International Fidelity Insurance Company, Allegheny Casualty Company, American Surety Company, Accredited Surety & Casualty Company, Inc. and Lexington National Insurance Corporation, Plaintiffs/Appellants, v. Curt PLETCHER d/b/a Action Bail Bonds, Defendant, v. The Court Clerk of Oklahoma County, Patricia Presley, Defendant/Appellee.

Supreme Court of Oklahoma.

June 18, 2013.

Attorney(s) appearing for the Case

Mark T. Hamby , P. Gae Widdows and Katherine R. Morelli , Bonham & Howard, P.L.L.C., Tulsa, Oklahoma, for the appellants.

David A. Cincotta , Assistant District Attorney, Office of the District Attorney of Oklahoma County, Oklahoma City, for the appellee.

EDMONDSON, J.

¶ 1 The issue is whether the Oklahoma County Court Clerk (Court Clerk) is required to enforce alleged violations of the "Ten Bond Rule" of the Oklahoma Bail Bondsmen Act.1 We answer in the negative and find that enforcement of 59 O.S. § 1320(B) lies with the Oklahoma Insurance Commissioner.

¶ 2 Title 59 O.S.2011 § 1320(B) (Ten Bond Rule) provides, in pertinent part:

No bail bondsman shall...

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