Hollingshead v. Elias
2016 OK CIV APP 46
| Okla. Civ. App. | 2015Background
- Hollingshead appeals trial court rulings on easement denial, attorney fees, and costs to Defendants.
- Original petition in 2010 claimed prescriptive easement, interference with easement by necessity, and trespass; later amended claims added implied easement and other theories.
- Trial bifurcated to try easement issues; judgment on May 9, 2018 denied Hollingshead’s easement claims.
- Defendants sought attorney fees and costs under NMTPA; trial court awarded some fees/costs on December 16, 2018, later vacated and remanded in part.
- Appeal timing: the May 9, 2018 judgment became final after voluntary dismissal of remaining counterclaims on July 8, 2018; Hollingshead filed March 18, 2014 appeal concerning earlier order, creating timeliness issues.
- Appellate review affirmed entitlement to fees/costs under NMTPA but reversed and remanded amount calculation due to inadequate record-keeping and ability to determine reasonable hours and rates.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Hollingshead timely appealed the easement judgment | Hollingshead timely appealed the final order. | Appeal was untimely; finality and timing arguments control. | Untimely; easement appeal dismissed. |
| Whether Defendants were entitled to attorney fees and costs under NMTPA | Defendants properly pursued NMTPA remedies. | NMTPA procedures followed; fees recoverable for easement-related issues. | Entitlement affirmed (with record-based considerations). |
| Whether the trial court properly awarded the attorney fees and costs amount | Hours and rates were justified and documented. | Billing records were adequate; requested amounts are reasonable. | Amount reversed and remanded for proper calculation; detailed itemization required. |
Key Cases Cited
- Raven Resources, LLC v. Legacy Bank, 229 P.3d 1273 (Okla. Civ. App. 2009) (voluntary dismissal converts non-final orders to final for appealability)
- Schoenhals v. PSR Investors, Inc., 299 P.3d 874 (Okla. Civ. App. 2013) (post-dismissal effects on finality of orders)
- Kurtz v. Clark, 290 P.3d 779 (Okla. Civ. App. 2012) (dismissal of remaining claims can render earlier orders appealable)
- Price v. State, 280 P.3d 943 (Supreme Court of Oklahoma 2012) (presumption of trial court correctness; silent-record error not presumed)
- Davis v. Martin Marietta Materials, Inc., 246 P.3d 454 (Okla. 2010) (timeliness of petition in error is jurisdictional)
- Burk v. City of Oklahoma City, 598 P.2d 659 (Okla. 1979) (abuse-of-discretion standard for attorney-fee awards; need for specific factual grounds)