Legal Opinion

McCormack v. Town of Granite

Supreme Court of Oklahoma

Decided February 13, 1996No. 81813PublishedCited by 12 opinions

1Opinion of the Court

KAUGER, Vice Chief Justice.

Two issues are presented: 1) whether appeal-related attorney fees may be awarded under 11 O.S.1991 § 23-101; 1 and 2) whether the amount of attorney fees awardable must be determined in a jury trial. We find that appeal-related attorney fees may be recovered pursuant to 11 O.S.1991 § 23-101 but that the award is not subject to trial by jury.

FACTS

The facts surrounding the underlying suit by the appellants, trustees of the Granite Town Board (trustees), 2 for recovery of attorney fees for their defense of grand jury ouster proceedings are outlined in McCor-mack v. Tom…

2Cases cited14 opinions

  1. Chamberlin v. ChamberlinSupreme Court of Oklahoma · 1986
  2. Dyke v. Saint Francis Hospital, Inc.Supreme Court of Oklahoma · 1993
  3. Sisney v. SmalleySupreme Court of Oklahoma · 1984
  4. Forest Oil Corp. v. Corporation Com'n of OklahomaSupreme Court of Oklahoma · 1991
  5. State Ex Rel. Derryberry v. Kerr-McGee CorporationSupreme Court of Oklahoma · 1973

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

3Cited by12 opinions

  1. Boyd Rosene and Associates, Inc. v. Kansas Municipal Gas Agency, an Interlocal Municipal Agency City of Winfield, Kansas, a MunicipalityCourt of Appeals for the Tenth Circuit · 1999
  2. King v. KingSupreme Court of Oklahoma · 2005
  3. Sudbury v. DeterdingSupreme Court of Oklahoma · 2001
  4. Chesapeake Operating, Inc. v. Valence Operating Co.Court of Appeals for the Tenth Circuit · 1999
  5. Trinity Petroleum, Inc. v. Scott Oil Co.Court of Appeals of Wisconsin · 2006

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

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