Pierce v. Western Casualty & Surety Co.

BRIGHTMIRE, Presiding Judge.

The question here is whether the trial court had jurisdiction to assess attorney fees as costs, following disposition of an appeal, in response to a motion of the prevailing party filed after issuance of a mandate by an appellate court, but before it was filed of record in the trial court.

We hold that it did have and affirm the award of an attorney’s fee to the prevailing party.

I

The appellant, Western Casualty & Surety, does not challenge the fact that 36 O.S. 1981 § 3629B, authorizes the awarding of an attorney’s fee to the prevailing party under certain…