Professional Credit Collections, Inc. v. Smith

933 P.2d 307 (1997)

PROFESSIONAL CREDIT COLLECTIONS, INC., an Oklahoma corporation, Appellee,

v.

Deborah SMITH, now Herrington, Appellant, and

David L. Smith, Defendant.

No. 85241.

Supreme Court of Oklahoma.

March 4, 1997.

Philip R. Campbell, Tulsa, for appellant.

Malcolm P. Hammond, Tulsa, for appellee.

OPALA, Justice.

We are asked to decide if, after a defendant's success in vacating a default judgment against her, the plaintiff may—by voluntarily dismissing her as a party defendant in the action on an open account—avoid liability for her pre-dismissal attorney's fees. We answer in the negative.

Profess…