Summary
The Supreme Court of Oklahoma held that attorney-fee sanctions imposed under a trial court's inherent authority cannot be sustained without a finding of bad faith or oppressive conduct by the sanctioned attorney. Because the record contained no such finding and the trial judge had indicated that counsel's conduct was not intentional, the sanctions award was reversed.
Holdings
- An award of sanctions under a trial court's inherent authority cannot be sustained on appeal when the record does not reflect a finding of bad faith or oppressive conduct by the sanctioned party or counsel.
Questions Presented
- Whether a trial court may impose attorney-fee sanctions under its inherent authority without finding that the sanctioned party or counsel acted in bad faith or engaged in oppressive conduct.
Disposition
reversed
Cases Cited (6)
- City National Bank & Trust Co. v. Owens, 1977 OK 86, 565 P.2d 4(followed)
- State ex rel. Tal v. City of Oklahoma City, 2002 OK 97, 61 P.3d 234(followed)
- First National Bank & Trust v. Kissee, 1993 OK 96, 859 P.2d 502(followed)
- Winters v. City of Oklahoma City, 1987 OK 63, 740 P.2d 724(followed)
- Roadway Express, Inc. v. Piper, 447 U.S. 752, 100 S. Ct. 2455, 65 L. Ed. 2d 488 (1980)(followed)
- Gibbs v. Easa, 1998 OK 55, 998 P.2d 583(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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