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ARVEST BANK v. SPIRITBANK, N.A.

No. 103,709. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 1.

191 P.3d 1228 (2008)

2008 OK CIV APP 55

ARVEST BANK, Norman, Oklahoma, Plaintiff/Appellant/Counter Appellee, v. SPIRITBANK, N.A., Defendant/Third Party Plaintiff/Appellee/Counter Appellant, and Oliver Auto Group, Inc., and David G. Oliver, Defendants/Third Party Plaintiffs, v. Trac's Sports & Imports, Inc. and Citizen's Bank of Edmond, Third Party Defendants.

Court of Civil Appeals of Oklahoma, Division No. 1.

As Corrected May 23 and September 11, 2008.

Attorney(s) appearing for the Case

Thomas J. Blalock, John B. Jenkins, Commercial Law Group, P.C., Oklahoma City, Oklahoma, and John W. Swinford, Jr., John W. Swinford, Jr., P.C., Oklahoma City, Oklahoma, for Arvest Bank.

John M. Coffey, James U. White, Jr., White, Coffey & Fite, P.C., Oklahoma City, Oklahoma, for SpiritBank, N.A.

OPINION

ADAMS, Presiding Judge.

¶ 1 After the trial court entered an order granting Arvest Bank (Arvest) and SpiritBank, N.A. (Spirit) only part of the relief each had requested, Arvest filed an appeal and Spirit filed a counter appeal. Each argued that the other was not entitled to relief because the trial court had erred in its determination as to the priority of and existence of security interests in proceeds from automobiles when applying the provisions...

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