Legal Opinion

Fowler Equipment Co. v. Harry Houston Oil Co.

Court of Civil Appeals of Oklahoma

Decided August 12, 1997No. 86975PublishedCited by 3 opinions

1Opinion of the Court

OPINION

BUETTNER, Judge.

¶ 1 The issue to be decided is whether an amendment to the Small Claims Procedure Act raising the cap on damages to $4,500.00, applies to a pending case. Because both the alias petition and the counterclaim were filed after the effective date of the amendment, we hold the amendment is applicable.

¶ 2 In September 1995, Fowler Equipment Company (Fowler) filed an action on a debt in the amount of $4,232.72 in the Small Claims Division of the District Court of MeCurtain County. Fowler filed an alias affidavit (petition) November 7, 1995, claiming the same amount of damages.…

2Cases cited4 opinions

  1. Eskridge v. LaddSupreme Court of Oklahoma · 1991
  2. Carter v. GullettSupreme Court of Oklahoma · 1979
  3. Federal Deposit Insurance Corp. v. MossSupreme Court of Oklahoma · 1991
  4. Fleming v. HallSupreme Court of Oklahoma · 1981

3Cited by3 opinions

  1. Winterhalder v. Burggraf Restoration, Inc.Court of Civil Appeals of Oklahoma · 2011
  2. Broadway Clinic v. Liberty Mutual Insurance Co.Supreme Court of Oklahoma · 2006
  3. Broadway Clinic v. Liberty Mutual Insurance Co.Supreme Court of Oklahoma · 2006

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