Act South, LLC v. Reco Electric Co.
2013 OK CIV APP 23
| Okla. Civ. App. | 2012Background
- Allergy Clinic of Tulsa, Inc. leases the property; Act South, LLC owns the property at issue.
- Act South contracted Defendant Reco Electric Co. to design drainage and water management for the building.
- Plaintiffs sued for breach of implied warranty alleging poor workmanship caused water leaks, mold, and other construction problems.
- Defendant offered judgment pursuant to 12 Okla. Stat. Ann. § 940 and § 1101.1; Plaintiffs did not accept the offer.
- At trial the jury favored Defendant; judgment awarded Defendant costs and attorney fees later, pending application.
- Defendant sought $109,069 in fees and $1,517.20 in costs; Plaintiffs challenged the sufficiency of time records and timing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Must time records be attached to the original fee application | Burk requirement; time records must be included with the initial filing | Records may be submitted later; not required in the initial filing | Original application need not include time records; records may be filed later under seal |
| Does failing to attach time records within 30 days void the application | No timely time records within 30 days deprive court of jurisdiction | Timeliness is satisfied; records can be supplied later | Jurisdiction not void; timely application complied with statutes; records supplied later |
| What is the proper scope of Burk and related case law on time records | Burk requires detailed records and reasonable-value evidence up front | Records and value evidence can be provided later; standards met | Burk requires records and evidence; records provided in reply under seal complied with law |
| Is submitting time records in a reply, under seal, permissible without waiver | Reply submission is improper; waives rights | Reply under seal is appropriate with court permission | Not a waiver; records submitted with leave of court were permissible and considered |
Key Cases Cited
- State ex rel. Burk v. City of Oklahoma City, 598 P.2d 659 (Okla. 1979) (detailed time records and reasonable-value evidence required to determine fees)
- Finnell v. Seismic, 67 P.3d 339 (Okla. 2003) (time records and reasonable value must be shown for fee awards)
- Green Bay Packaging, Inc. v. Preferred Packaging, Inc., 932 P.2d 1091 (Okla. 1996) (detailed time records and local-reasonableness standards required for attorney fees)
- Usrey v. Wilson, 66 P.3d 1000 (Okla. Civ. App. 2003) (insufficient documentation at hearing to determine reasonableness; denial of fees)
- Humphries v. Lewis, 67 P.3d 333 (Okla. 2003) (addressed excusable neglect; not directly requiring attachment of records to initial filing)
- Conti v. Republic Underwriters Ins. Co., 782 P.2d 1357 (Okla. 1989) (time records and reasonableness evidence fundamental to fee awards)
- Spencer v. Oklahoma Gas & Elec. Co., 171 P.3d 890 (Okla. 2007) (principles for attorney-fee awards and reasonableness considerations)
- Oklahoma Tpk. Auth. v. Horn, 861 P.2d 304 (Okla. 1993) (standard for reviewing attorney-fee awards)
- Oliver's Sports Ctr., Inc. v. National Standard Ins. Co., 615 P.2d 291 (Okla. 1980) (requirement to present time records and reasonableness evidence)
- Conti v. Republic Underwriters Ins. Co., 782 P.2d 1357 (Okla. 1989) (detailed time records required for fee awards)