Legal Opinion

Shoemaker v. First National Bank & Trust Co.

Court of Civil Appeals of Oklahoma

Decided August 15, 2000No. 92,954PublishedCited by 2 opinions

1Opinion of the Court

REIF, Judge:

T1 The sole issue presented for decision is whether parties who have recovered for conversion and breach of trust/fiduciary duty 1 are entitled to prejudgment interest under 12 O.S. Supp.1999 $ 727 (E), as opposed to 28 O.S.1991 $ 64. The prevailing parties herein have relied on the provisions in § 727(E) that authorize prejudgment interest in cases of recovery for "injury to personal rights" and "detriment due to the act or omission of another." Both in the trial court and here on appeal, the prevailing parties have argued that ownership of property has constitutional protection…

2Cases cited14 opinions

  1. Andrus v. Glover Construction Co.Supreme Court of the United States · 1980
  2. Taylor v. State Farm Fire & Casualty Co.Supreme Court of Oklahoma · 1999
  3. Benson v. BlairSupreme Court of Oklahoma · 1973
  4. Drumm-Flato Commission Co. v. EdmissonSupreme Court of the United States · 1908
  5. Gordon v. ConnerSupreme Court of Oklahoma · 1938

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3Cited by2 opinions

  1. Kristin Maddox v. American Airlines, Inc., a Delaware CorporationCourt of Appeals for the Eighth Circuit · 2002
  2. Kristin Maddox v. American AirlinesCourt of Appeals for the Eighth Circuit · 2002

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