 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Brown v. Curtis3/11/2003
ntal brief on "jurisdiction" as an out-of-time response to the Curtises' motion for attorney fees. That it did so is reflected by this statement in the Trial Court's later order on the Curtises' motion to strike: "That the material sought to be stricken . . . was filed in response to Defendants' Motion to Assess Costs and Attorneys Fees."
In another proposition in their reply brief, the Curtises claim that the attached letter regarding "confidential financial information" constituted "settlement communications" and was inadmissible and irrelevant to a determination of whether to award fees and costs. They claim (again) that the Trial Court's order denying their request for fees and costs should be reversed "solely on the basis that the Trial Court incorrectly determined that the inadmissible and irrelevant settlement communication was relevant to the issue of [their] request for fees."
However, the Curtises have cited no Oklahoma authority that supports this claim of error. Even if we were to assume that the Curtises' characterization of the letter as "settlement communications" is accurate, the fact that they labeled it inadmissible pursuant to 12 O.S.2001 ยง 2408 did not render it inadmissible per se. See F.D.I.C. v. Moore, 1995 OK CIV APP 88, 898 P.2d 1329. The letter's relevancy was a matter addressed to the sound discretion of the Trial Court. See American Nat'l Bank & Trust Co. of Sapulpa v. BIC Corp., 1994 OK CIV APP 70, 880 P.2d 420. Where the letter went to the heart of Brown's motivation for dismissing his lawsuit against the Curtises, we find no reversible error in the Trial Court's relevancy determination and its refusal to strike the letter.
SUMMARY AND CONCLUSION
We find the appealed order to be a final, appealable disposition. After careful review, we find no abuse of discretion on the part of the lower court in declining to award fees/costs, or in the Trial Court's refusal to strike certain evidence. We further reject contentions in regard to the Trial Court's application of an improper standard and consideration of inadmissible material. Accordingly, the orders denying the Curtises' request for attorney fees and costs and denying the motion to strike must be affirmed.
AFFIRMED.
COLBERT, V.C.J., and TAYLOR, P.J., concur.
Page 1 2 3 4 5 6 7 Oklahoma Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|