Barby Energy Corp. v. Marlin Oil Corp.

OPINION

CARL B. JONES, Chief Judge:

¶ 1 On September 8,1997, the trial court, pursuant to a settlement agreement, gave judgment to Appellant, Barby Energy Corporation. The order stated that Barby should have judgment for costs, exclusive of attorney fees “permitted under 12 O.S. §§ 1106, 928, 942 or any other applicable law, the amount to be determined by the Court.” On November 7, 1997, Barby filed its motion to assess costs. Marlin received Barby’s motion and the same day advised his counsel that the motion was untimely filed.

¶ 2 At hearing on Barby’s motion, Marlin argued strenuously that…