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STATE EX REL. OKLAHOMA DEPARTMENT OF TRANSPORTATION v. CEDARS GROUP, LLC

No. 109,943.

320 P.3d 23 (2013)

2013 OK 99

STATE of Oklahoma, ex rel. OKLAHOMA DEPARTMENT OF TRANSPORTATION, Plaintiff/Appellee, v. CEDARS GROUP, LLC, an Oklahoma Limited Liability Company/Appellant; the Oklahoma County Treasurer; Centoma, an Oklahoma Limited Partnership/Appellant; Dollar General Stores; Bush, Ltd. d/b/a Deer Creek Texaco/Appellant; A. Sam Coury, an individual/Appellant; Dolgencorp, Inc.; Nbanc; Commercial Federal Bank; Spiritbank; and First United Bank and Trust Co., Defendants/Appellants.

Supreme Court of Oklahoma.

November 26, 2013.

Attorney(s) appearing for the Case

James E. Warner III , Holladay & Chilton, PLLC, Oklahoma City, Oklahoma, for the Appellee.

Joan A. Renegar and Gregg R. Renegar , Kornfeld, Franklin Renegar & Randall, Edmond, Oklahoma, for the Appellants.

THE OPINION OF THE COURT OF CIVIL APPEALS is VACATED; THE TRIAL COURT'S ORDER IS REVERSED.

EDMONDSON, J.

¶ 1 We must determine whether the three-day mailing rule of 12 O.S.2006(D) applies to defendants'/appellants' post-trial motions for costs and attorney fees filed in the trial court.1 We answer in the affirmative. A jury verdict was rendered in favor of the defendants in a condemnation action on February 17, 2011. The...

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