Legal Opinion

HSRE-PEP I, LLC v. HSRE-PEP Crimson Park LLC

Court of Civil Appeals of Oklahoma

Decided February 8, 2013No. Nos. 110,288, 109,777Published

1Opinion of the Court

KENNETH L. BUETTNER, Presiding Judge.

1 1 Plaintiff/ Appellant HSRE-PEP I, LLC (HSRE) appeals the trial court's order denying its application for attorney fees and costs based on 42 0.8.2011 § 176. After de novo review, we hold that HSRE is not entitled to an award of attorney fees against Defendant/Appellee Benefit Bank, because Benefit Bank is an incidental defendant, not the principal defendant. The trial court's order is AFFIRMED.

T2 This appeal arises from two commercial mortgage foreclosure actions involving an apartment complex in Norman, Oklahoma.1 Two mortgagees, HSRE and Benefit Bank,…

2Cases cited7 opinions

State Ex Rel. Tal v. City of Oklahoma CitySupreme Court of Oklahoma · 2002
Finnell v. SeismicSupreme Court of Oklahoma · 2003
Fourth National Bank of Tulsa v. ApplebySupreme Court of Oklahoma · 1993
Ivey v. Henry's Diesel Service, Inc.Supreme Court of Oklahoma · 1966
Continental & Commercial Trust & Savings Bank v. Continental Supply Co.Court of Appeals for the Eighth Circuit · 1929

2 more not listed; retrieve them via the Exa API.