State ex rel. Department of Transportation v. K & L Leasing, Inc.

LARRY JOPLIN, Vice-Chief Judge.

T 1 Appellant, K & L Leasing Inc. (K & L), seeks review of the trial court's judgment, totaling $1,986.82, awarding costs to the Oklahoma Department of Transportation (ODOT) in the underlying condemnation action. K & L argues 69 0.S8.2001 § 1203(e)(1) does not provide for costs against a party that withdraws its demand for a jury trial, in acceptance of the commissioners' award in a condemnation action.

12 Appellee, ODOT, argues the trial court's cost award was proper under § 1203(e)(1), because K & L filed a jury trial demand and did not withdraw it until five…