and costs - Offer and acceptance of judgment.
A. In any civil action to recover damages for the negligent or willful injury to property and any other incidental costs related to such action, the prevailing party shall be allowed reasonable attorney's fees, court costs and interest to be set by the court and to be taxed and collected as other costs of the action. B. Provided that, the defendant in such action may, not less than ten (10) days after being served with summons, serve upon the plaintiff or his attorney a written offer to allow judgment to be taken against him. If the plaintiff accepts the offer and gives notice thereof to the defendant or his attorney, within five (5) days after the offer was served, the offer, and an affidavit that the notice of acceptance was delivered within the time limited, may be filed by the plaintiff, or the defendant, verified by affidavit. The offer and acceptance shall be noted in the journal, and judgment shall be rendered accordingly. If the notice of acceptance is not given in the period limited, the offer shall be deemed withdrawn, and shall not be given in evidence or mentioned at the trial. If upon the action being adjudicated the judgment rendered is for the defendant or for the plaintiff and is for a lesser amount than the defendant's offer, then the plaintiff shall not be entitled to recover attorney's fees, court costs and interest. If the judgment rendered is for the plaintiff, and is for the same amount as the defendant's offer, then the plaintiff and defendant shall incur their own attorney's fees, court costs and interest. And if the judgment rendered is for the plaintiff, and is for a larger amount than the defendant's offer, then the plaintiff shall be entitled to recover attorney's fees, court costs and interest. Added by Laws 1979, c. 57, § 1, eff. Oct. 1, 1979.
Notes of Decisions
Truelock v. City of Del City, 1998 OK 64 (Okla. 1998).
· cites it 32× “00 under 12 O.S.1991 § 940. [2] Subsection A of § 940 allows attorneys' fees only in actions to recover "damages for willful or negligent injury to property.”
Rout v. Crescent Pub. Works Auth., 878 P.2d 1045 (Okla. 1994).
· cites it 12× “We find that 12 O.S.1991 § 940 2 provides for attorney’s fees in civil actions to recover damages for the negligent or willful injury to property.”
Williamson v. Fowler Toyota, Inc., 1998 OK 14 (Okla. 1998).
· cites it 4× “Fowler admits that an attorney's fee is permitted to the prevailing party in this case pursuant to 12 O.S.1991, § 940. [8] The record reveals that Fowler did not contest Williamson's motion.”
Schaeffer v. Shaeffer, 743 P.2d 1038 (Okla. 1987).
· cites it 4× “The defendants further alleged the noxious fumes and other traits associated with an open sewage lagoon would damage their property.”
Smith v. Jenkins, 873 P.2d 1044 (Okla. 1994).
· cites it 5× “By their post-judgment motions both parties sought attorney’s fee, invoking the provisions of 12 O.S.1981 § 940. 2 The trial court concluded that (a) in an action arising from the same occurrence there can be only one prevailing party and (b) because the amount of the judgment…”
Payne v. Dewitt, 1999 OK 93 (Okla. 1999).
· cites it 2× “(1) The principal basis of the award is 12 O.S.1991 § 940 (negligent injury to property), but there was no showing of the time spent on the property-damage issue.”
Woods Petroleum Corp. v. Delhi Gas Pipeline Corp., 700 P.2d 1011 (Okla. 1985).
· cites it 3× “1979 § 940(A) is limited to actions for the physical negligent or willful injury to property, we grant certiorari for the sole purpose of reviewing the award by the trial court of attorney fees to appellee/defendant below (Woods) as the prevailing party against…”
Spencer v. Oklahoma Gas & Elec. Co., 2007 OK 76 (Okla. 2007).
“" 5 The offer of judgment was made pursuant to 12 O.S. § 940(B). 6 Subsection A 7 of the same statute specifically provides that the prevailing party shall 8 be allowed reasonable attorney fees, court costs and interest.”
Cunningham v. Pub. Serv. Co. Oklahoma, 834 P.2d 974 (Okla. 1992).
· cites it 5× “1 Before mandate issued in the prior appeal, the Cunninghams again sought attorney fees pursuant to 12 O.S.1981, § 940 and costs before the trial court.”
— Okla. Stat. tit. 12, § 940(A) — 20 cases
Schaeffer v. Shaeffer, 743 P.2d 1038 (Okla. 1987).
“The defendants further alleged the noxious fumes and other traits associated with an open sewage lagoon would damage their property.”
Woods Petroleum Corp. v. Delhi Gas Pipeline Corp., 700 P.2d 1011 (Okla. 1985).
“1979 § 940(A) is limited to actions for the physical negligent or willful injury to property, we grant certiorari for the sole purpose of reviewing the award by the trial court of attorney fees to appellee/defendant below (Woods) as the prevailing party against…”
— Okla. Stat. tit. 12, § 940(B) — 5 cases
Spencer v. Oklahoma Gas & Elec. Co., 2007 OK 76 (Okla. 2007).
“" 5 The offer of judgment was made pursuant to 12 O.S. § 940(B). 6 Subsection A 7 of the same statute specifically provides that the prevailing party shall 8 be allowed reasonable attorney fees, court costs and interest.”
Smith v. Jenkins, 873 P.2d 1044 (Okla. 1994).
“By their post-judgment motions both parties sought attorney’s fee, invoking the provisions of 12 O.S.1981 § 940. 2 The trial court concluded that (a) in an action arising from the same occurrence there can be only one prevailing party and (b) because the amount of the judgment…”
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