Dean Bailey Olds, Inc. v. Richard Preston Motor Co.
Supreme Court of Oklahoma
1DissentLavender, J.
T 1 I respectfully dissent. In my view, the record does not support the trial judge's award of attorney fees to defendant/appellee under the authority of City National Bank & Trust Co. v. Owens, 1977 OK 86, 565 P.2d 4. In my opinion, the majority, without expressly stating so, has expanded the reach of the inherent equitable authority to award limited attorney fees for bad faith, vexatious, wanton or oppressive litigation misconduct enunciated in Owens. I am concerned the expansion will have an inordinate chilling effect on access to the courts, a constitutionally anchored right in Oklahoma…
2Cases cited12 opinions
- TRW/Reda Pump v. BrewingtonSupreme Court of Oklahoma · 1992
- Kay v. Venezuelan Sun Oil Co.Supreme Court of Oklahoma · 1991
- First National Bank & Trust Co. of Vinita v. KisseeSupreme Court of Oklahoma · 1993
- Green Bay Packaging v. Preferred Packaging, Inc.Supreme Court of Oklahoma · 1996
- Winters Ex Rel. Winters v. City of OklahomaSupreme Court of Oklahoma · 1987
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