Mickle v. Wellman Products, LLC

Supreme Court of Oklahoma

Mickle v. Wellman Products, LLC

2011 OK 95, 265 P.3d 754, 2011 Okla. LEXIS 102, 2011 WL 5526532

CourtSupreme Court of Oklahoma

DecidedNovember 14, 2011

DocketNo. 107,910

StatusPublished

Cited by1 cases

This text of 2011 OK 95 (Mickle v. Wellman Products, LLC) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mickle v. Wellman Products, LLC, 2011 OK 95, 265 P.3d 754, 2011 Okla. LEXIS 102, 2011 WL 5526532 (Okla. 2011).

Pincite

Opinion

ORDER

1 The appellant, Wellman Products, LLC (Wellman), filed an application for an award of appeal-related costs in the appeal of a district court interlocutory order. Included in the request was the cost of preparing a transcript of a hearing on the appellees'[Paul Mickle, Brent Bonnstetter, Steve Medley, and Norma Cassidy] motion to certify the class action. Although the hearing transcripts were clearly part of the record on appeal, the appellees objected to Wellman's collection of costs associated with preparing the same. Having reviewed the appellant's motion for appeal-related costs, the appel-lees' objection to appellant's motion for appeal-related costs, and the appellant's reply in support of its motion for appeal-related costs, WE DETERMINE:

1) The appellant was successful in having the interlocutory order of the district court reversed. Under such cireum-stances, 12 0.8. Supp.2010 § 978.1 provides for the prevailing party to recover costs of preparing the record on appeal or on certiorari.

2) Rule 1.14, Supreme Court Rules, 12 0.9.2001, Ch. 15, App. 1 provides that costs taxable by the Supreme Court Clerk include "[rleasonable costs for transcripts which are a part of the ree-ord on appeal."

3) The transcripts of the hearing of July 1 and 2, 2009, were made a part of the record on appeal. The appellant has submitted a verified statement of taxable costs indicating the cost of the transcripts totaled $4,216.00 and the payment of a filing fee of $200.00 for a total of $4,416.00.

4) The cost of preparation of the tran-seripts is a part of preparing the record on appeal and is taxable under 12 0.8. Supp.2010 § 978.1 and Rule 1.14, Supreme Court Rules, Ch. 15, App. 1. The Clerk of the Supreme Court is directed to tax costs in favor of the appellant and against the appellees in the amount of $4,416.00.

12 DONE BY ORDER OF THE SUPREME COURT IN CONFERENCE THIS 14TH DAY OF NOVEMBER, 2011.

CONCUR: TAYLOR, C.J., COLBERT, V.C.J., KAUGER, WATT, WINCHESTER, EDMONDSON, COMBS and GURICH, JJ.

NOT VOTING: REIF, J.

Free access — add to your briefcase to read the full text and ask questions with AI

ORDER

1 The appellant, Wellman Products, LLC (Wellman), filed an application for an award of appeal-related costs in the appeal of a district court interlocutory order. Included in the request was the cost of preparing a transcript of a hearing on the appellees'[Paul Mickle, Brent Bonnstetter, Steve Medley, and Norma Cassidy] motion to certify the class action. Although the hearing transcripts were clearly part of the record on appeal, the appellees objected to Wellman's collection of costs associated with preparing the same. Having reviewed the appellant's motion for appeal-related costs, the appel-lees' objection to appellant's motion for appeal-related costs, and the appellant's reply in support of its motion for appeal-related costs, WE DETERMINE:

1) The appellant was successful in having the interlocutory order of the district court reversed. Under such cireum-stances, 12 0.8. Supp.2010 § 978.1 provides for the prevailing party to recover costs of preparing the record on appeal or on certiorari.

2) Rule 1.14, Supreme Court Rules, 12 0.9.2001, Ch. 15, App. 1 provides that costs taxable by the Supreme Court Clerk include "[rleasonable costs for transcripts which are a part of the ree-ord on appeal."

3) The transcripts of the hearing of July 1 and 2, 2009, were made a part of the record on appeal. The appellant has submitted a verified statement of taxable costs indicating the cost of the transcripts totaled $4,216.00 and the payment of a filing fee of $200.00 for a total of $4,416.00.

4) The cost of preparation of the tran-seripts is a part of preparing the record on appeal and is taxable under 12 0.8. Supp.2010 § 978.1 and Rule 1.14, Supreme Court Rules, Ch. 15, App. 1. The Clerk of the Supreme Court is directed to tax costs in favor of the appellant and against the appellees in the amount of $4,416.00.

12 DONE BY ORDER OF THE SUPREME COURT IN CONFERENCE THIS 14TH DAY OF NOVEMBER, 2011.

CONCUR: TAYLOR, C.J., COLBERT, V.C.J., KAUGER, WATT, WINCHESTER, EDMONDSON, COMBS and GURICH, JJ.

NOT VOTING: REIF, J.

Cite This Page — Counsel Stack

Bluebook (online)

2011 OK 95, 265 P.3d 754, 2011 Okla. LEXIS 102, 2011 WL 5526532, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mickle-v-wellman-products-llc-okla-2011.

Opinion

Related

Cite This Page — Counsel Stack