State ex rel. Edmondson v. Frizzell

Nov 27, 2001
No. CJAD-2000-2
Reporters:
, , ,
Before:
Halellis

Lead Opinion

ORDER

HAL WM. ELLIS, Vice Presiding Judge.

T1 Respondent seeks attorney fees and costs relating to his defense of an unsuceessful action before the Court on the Judiciary, under the authority of City Natl Bank and Trust Co. of Oklahoma City v. Owens, 565 P.2d 4 (Okla.1977), citing patently insufficient allegations contained in the Attorney General's petition.

12 Owens provides that a court has inherent equitable authority to award limited attorney fees against a party who has caused the wasted expenditures where that party has acted "in bad faith, vexatiously, wantonly, or for oppressive reason[.]"

4 3 The Application for Attorney Fees and Costs is denied. The record does not establish that the action against Respondent was brought in bad faith or was vexatious, wanton or oppressive.

14 ELLIS, V.P.J., BOUDREAU, J., LUMPKIN, J., THOMPSON, J., and WINCHESTER, J., concur. 11 5 WINSLOW, J., disqualified. I 6 LANNING, J., LINDLEY, J., not participating.



Concurrence Opinion

McBEE, J.,

concurring in result (by separate opinion).

1 The application for fines and costs was filed more than nine months after the filing of this court's decision, Frizzell v. Court on Judiciary, Trial Division, 2000 OK JUD 2, 8 P.3d 951.

¶ 2 Neither fundamental law or Court rule requires consideration of the application. Okla. Const. Art. VII-A; Rules 3, 6, and 7, Rules of the Court on the Judiciary, Appellate Division Rules of Procedure, eff. Nov. 1979. A post decision motion filing delay of more than thirty days is unreasonable. Consequently, I would dismiss the application.